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Barrymore legal case goes ahead, says lawyer

A lawyer acting on behalf of the family of a man who was found dead in Michael Barrymore’s swimming pool said today that he intends to continue with legal action against the star.

Tony Bennett said he would not drop the case unless the dead man’s father, Terry Lubbock, asks him to do so.

“I am simply waiting for a court date for it to go ahead,” said Mr Bennett.

“I think the evidence is there and I intend to proceed with it unless Terry was to come to me and say ‘I want it dropped’, in which case I would have to reconsider my position.”

Mr Bennett was speaking after Mr Lubbock, 61, and Mr Barrymore, 53, met for the first time.

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Mr Lubbock’s son Stuart was found dead in a swimming pool at the entertainer’s luxury home in Roydon, near Harlow, Essex, in March 2001.

The pair met at a London hotel within 24 hours of Mr Barrymore leaving the Celebrity Big Brother house.

After the meeting, Mr Lubbock told the Sun newspaper that he had told the star: “I don’t blame you for my son’s death.”

And Mr Barrymore told the newspaper: “This is a momentous day for me, for both of us.”

The comic also insisted that the 31-year-old meat factory worker had not been involved in any sexual activity the night he died, and added: “I was in no way responsible for his death. It was just a terrible, tragic accident.”

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During their two-hour meeting, the newspaper reported that Mr Lubbock clasped Mr Barrymore’s hand and told him: “This is a new start for us. I lost my son but you lost everything that night.

“Your career, your home, your life here. You have suffered like I have. Enough is enough.”

Barrymore said: “I have not suffered like you, you lost a son. What is the loss of my career compared to that? I’ve still got a roof over my head, I’m still here.

“Your son isn’t. I can never tell you how sorry I am for that. It haunts me every day. I feel so sorry for your loss. What I lost in comparison is nothing. What does a career and money mean in comparison to losing someone? I have wanted to meet you for a long time. I feel a huge weight has gone from me.”

The pair told the newspaper that they had decided to join forces to demand a reinvestigation into Stuart’s death.

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Mr Lubbock said: “Me and Michael have agreed to work together to find out the truth about what happened to my son. We are a team now and I feel good about that. We are stronger together than apart.

“We are going to demand police reopen the investigation into what happened that night.

“There are a lot of unanswered questions all round.

“We both feel things were not done right at the time.

“But this is a new start. We go forward here, together.”

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Mr Barrymore added: “We both want truth and justice for Stuart.

“I will do everything I can to help Terry achieve that. I have nothing to hide. I never have had.”

Police launched a lengthy investigation following Stuart Lubbock’s death, but Mr Barrymore was never prosecuted.

An open verdict was recorded at an inquest into Mr Lubbock’s death in September 2002.

Mr Bennett is currently trying to bring a private prosecution against Mr Barrymore on behalf of Mr Lubbock’s family.

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The Lubbock family has served an application alleging six offences - four relating to the misuse of drugs, one alleging drunk and disorderly behaviour and one alleging assault on Stuart Lubbock.

PA