Published On: Fri, Aug 18th, 2017

Michael Barrymore wins wrongful arrest case

Entertainer Michael Barrymore has gained a excessive courtroom compensation battle with Essex Police and may very well be awarded hundreds of thousands of kilos in compensation.

The entertainer, 64, had argued on the Excessive Court docket the arrest had destroyed his profession.

One other listening to will assess precisely how a lot cash Barrymore with be paid however his crew will press for an estimated £2.5m.

The comic was arrested by the power in 2007, six years after a physique was present in his swimming pool.

He was held on suspicion of the rape and homicide of Stuart Lubbock, however the star was by no means charged and has at all times insisted he’s harmless.

Mr Lubbock was discovered unconscious at Barrymore’s Essex house and died on the scene.

Stuart Lubbock was found dead in Michael Barrymore's swimming pool in 2001
Stuart Lubbock was discovered lifeless in Michael Barrymore’s swimming pool in 2001

He was discovered to have Class A medication in his system and extreme anal accidents in line with sexual assault.

Essex Police admitted that Barrymore’s arrest was illegal after a procedural error.

The error meant the arresting officer was not given sufficient grounds for suspicion as he had not been part of the investigation.

The Excessive Court docket listening to was to find out whether or not or not the previous Strike It Fortunate star ought to get nominal damages of £1 or substantial damages.

Barrymore’s authorized crew stated stated: “In spite of everything these years, Michael Barrymore is relieved the Decide has discovered that he couldn’t and wouldn’t have been lawfully arrested on suspicion of the rape and homicide of Mr Lubbock.

“In doing so, the decide made it clear that there was no proof linking Michael to the infliction of the accidents suffered by Mr Lubbock as Michael has at all times maintained.

“The decide discovered that the police had no purpose to disbelieve him when he stated that he had left the scene after the ambulance was referred to as, not for any sinister causes – however with the intention to keep away from a media scrum.

“He had gone to a flat close by and his private assistant advised the police the place he was.The decide additionally discovered that he was at all times co-operative with the police by agreeing to be interviewed and offering statements every time requested.

“The decide additionally roundly dismissed the alleged ‘dangerous character’ proof relied on by the police calling it ‘flimsy, one-sided and deceptive’ and never able to being fairly relied on by the police to assist a choice to arrest him.”

An Essex police assertion learn: “As we speak’s judgement should not overshadow the questions that are nonetheless unanswered for Mr Lubbock’s household and mates.

“Sixteen years on they nonetheless have to know what occurred to Stuart on that evening, how he was injured, and who’s liable for his demise.

“A small variety of individuals know the solutions to these questions and over time loyalties change and any individual might need to assist us right now.”

Throughout the listening to, which ran for per week in Could, Essex police tried to indicate they’d a powerful case for arrest – however confronted criticism.

Excessive Court docket Decide Mr Justice Stuart-Smith described one piece of proof as “double double rumour”.

After assessing the proof over a number of weeks, the decide concluded: “The defendant [Essex Police] has did not show that, if not arrested unlawfully as he was, Mr Parker [Barrymore] might and would have been arrested lawfully… Mr Parker is entitled to recuperate greater than nominal damages.”

Barrymore’s authorized crew say the arrest prompted “devastating injury to his profession”.

It occurred when he was trying to make a come again. He appeared on Movie star Large Brother a yr earlier than on Channel four.

Mr Barrymore was not current in courtroom for the choice.

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