Barrymore faces legal action over pool death

Michael Barrymore

LONDON - TV entertainer Michael Barrymore faces legal action over the death of a 31-year-old man found in a pool at his Essex mansion in southeast England nearly five years ago, the lawyer bringing the case said on Monday.

No charges were brought against Barrymore over the death of meat factory worker Stuart Lubbock who died in hospital the morning after a party at the entertainer's home in March 2001.

But public scandal over the case left Barrymore's once highly successful British TV career in tatters and he has recently been living in New Zealand.

Essex lawyer and local activist Tony Bennett went to court on Monday to bring a private prosecution after Barrymore, 53, returned to Britain to appear in Channel 4's Celebrity Big Brother programme.

Bennett asked a judge to summon Barrymore to court to answer six charges, including one alleging an assault on Lubbock, four alleging drug-related offences and one allegation of being drunk and disorderly.

Bennett, 58, who describes himself as a "self-employed rights adviser", brought the case on his own account but said he had the full support of Lubbock's family.

"I am acting as a concerned citizen out of a feeling that Barrymore should account for his possible crimes that evening," he told Reuters.

The judge, at Epping Magistrates Court in Essex, southeast England, adjourned the hearing "for a few days" to give time for Barrymore or his lawyers to be made aware of the application and come to court to contest it, Bennett said.

Bennett later travelled to the Elstree studios north of London in Hertfordshire where Barrymore is filming Big Brother, in an unsuccessful attempt to deliver to him details of the application.

Barrymore is not allowed to leave the Big Brother house or to receive news from the outside world until the show ends on January 27, or earlier if he is evicted by a television viewers' vote.

A spokeswoman for Barrymore said: "We are currently unaware at this time of the exact detail of this proposed prosecution.

"But hopefully this may answer some questions for both Mr Lubbock, his family and Michael Barrymore."

Post-mortem tests showed Lubbock had drowned and an inquest recorded an open verdict on his death.

The coroner said Lubbock had been found with drugs and alcohol in his system and with serious anal injuries.

Police arrested two men on suspicion of Lubbock's murder, but later released them without charge.

Barrymore was cautioned for possession of cannabis and allowing his home for using the drug.

- REUTERS