Essex apologises for Lubbock failings

The Independent Police Complaints Commission (IPCC) has upheld six allegations regarding Essex Police’s inquiry into the death of Stuart Lubbock, who was found dead at the property of entertainer Michael Barrymore in 2001.
The report, published on Tuesday, made nine recommendations to Essex Police, particularly pertaining to the speed with which evidence was investigated and the protection of the crime scene from contamination and unauthorised persons.
The independent investigation examined 36 complaints and allegations from the victim’s father, Terry Lubbock. The IPCC investigation found that:
•The scene was not effectively preserved.
•Unauthorised people were allowed to stay at the scene.
•Blood found on boxer shorts was not promptly investigated.
•Blood found on towels and a robe was not promptly investigated.
•A member of the public was allowed to take the temperature of the swimming pool.
•The investigation was suspended prematurely.
Deputy chief constable of Essex Police, Andy Bliss, has delivered a personal apology to Mr Lubbock’s father on behalf of the force and offered his sympathies to the victim’s friends and family for their loss.
Post-mortem tests revealed Mr Lubbock, 31, had suffered severe internal injuries which indicated sexual assault. His bloodstream contained ecstasy, cocaine and alcohol. In 2002, a coroner recorded an open verdict into his death.
Two pieces of evidence, a swimming pool thermometer which appears in photographs of the scene and a detached door handle, were never recovered and so could not be forensically tested. As a result it is not known whether or not the implements were used to cause Mr Lubbock’s injuries.
Among the 30 complaints that were not upheld was the allegation that investigating officers had not undertaken their lines of inquiry thoroughly and that they had misled the coroner’s court.
IPCC Commissioner David Petch said: “There are absolutely no grounds to support allegations that officers acted corruptly. The view that the entire investigation was incompetent is not borne out by the bulk of the evidence.
“But undoubtedly there were failings in some aspects of the investigation. The security around the scene in the first few hours should have been more rigorous. As a consequence there are lingering fears that, because the integrity of the scene was not properly preserved, important evidence may have been lost. Potential witnesses should have been removed from the house and grounds at the earliest opportunity. Yet some people were allowed to stay and tidy up in the house.”
Mr Petch continued to say that the decision to suspend the investigation in December 2001 was premature and questions were left unanswered. He added that the shortcomings of the investigation must be “frustrating and distressing” for Mr Lubbock’s father.
No formal disciplinary action will be taken against Chief Superintendent Ian McNeill or Inspector Paul Spooner, who led the investigation. Constructive discussions have taken place with Chief Supt McNeill to ensure that lessons have been learnt from the findings of the IPCC investigation and Insp Spooner has received formal words of advice.
Mr Petch continued: “In this case the police have got most things right, which is reflected in the fact that 30 out of 36 of the complaints have not been upheld. However, undoubtedly, they got some things wrong. We have therefore concluded that two officers with leading roles in the investigation, Inspector Spooner and Chief Superintendent McNeill, were in breach of the code of conduct in terms of performance of duties.
“Since 2001, police guidelines and policy on such investigations have been updated and structures within Essex Police have changed. However, nine recommendations have been made to Essex Police aimed at improving investigations in the future.”
The recommendations advise that Essex police:
nConsider whether there is a need to examine SIO and major crime investigation resourcing to ensure that such investigations are staffe