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Stuart Lubbock death: Michael Barrymore to receive only nominal damages

Crime / Wed 12th Dec 2018 at 03:19pm

ENTERTAINER Michael Barrymore will receive only nominal damages from Essex Police after an unlawful arrest which he claimed had “destroyed his career” reports the BBC.

The comedian and TV presenter had hoped for a payout of more than £2.4m from the force in relation to his 2007 wrongful arrest on suspicion of the rape and murder of Harlow man, Stuart Lubbock.

Essex Police challenged the amount it owed him and has won its appeal.

This Court of Appeal ruling overturns the 2017 High Court ruling.

Further hearings are expected to decide the final amount of compensation Mr Barrymore will receive.

Mr Barrymore previously brought legal action against the police for wrongful arrest and false imprisonment under his real name, Michael Ciaran Parker, claiming that he was owed millions of pounds in compensation for lost earnings.

The star was detained in relation to Mr Lubbock’s death after the 31-year-old’s body was found in Mr Barrymore’s swimming pool at his home in Roydon in 2001.

He was arrested alongside two other men but no charges were ever brought.

The arrest was unlawful because the arresting officer did not have reasonable grounds to suspect Mr Barrymore, a high court judge Mr Justice Stuart-Smith said in August 2017.

An officer who could have legally detained the star was stuck in traffic at the time.

An Essex Police spokesperson said: “The suspicious circumstances in which Stuart Lubbock’s body was found in Mr Parker’s swimming pool in 2001 remain unexplained and our thoughts today are with Mr Lubbock’s family who have been through so much. The investigation in to Stuart’s death has not closed. Time can change old loyalties and detectives are ready and waiting to hear from anyone with information that could progress the investigation. Please call Essex Police on 101 or Crimestoppers anonymously on 0800 555 111.

This hearing has affirmed three important matters: that Essex Police detectives were right to suspect that Mr Parker was one of only three people who could have been responsible for the injuries Mr Lubbock suffered; that there were reasonable grounds to arrest Mr Parker in 2007 on suspicion of murder and rape; and that arresting Mr Parker at the same time as two other suspects might have led to a breakthrough in the case.

“The Court of Appeal has today confirmed that had a different procedure been followed on June 14, 2007, the arrest of Mr Parker would have been lawful and have declared that only nominal damages are paid by the force. Essex Police will be seeking from Mr Parker its legal costs, including the costs of the appeal”.

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