The entertainer Michael Barrymore is facing a private prosecution over the death of a 31-year-old man at his home nearly five years ago, but an attempt today to serve legal documents on him in the Big Brother house failed when the show’s producers refused to get involved.
Separately, another contestant on the reality television programme, the MP George Galloway, is to be investigated by Michael Martin, Speaker of the Commons, because he has signed several early day motions while appearing on Celebrity Big Brother.
The family of Stuart Lubbock, a meat factory worker of Harlow, Essex, whose body was found in the swimming pool of Barrymore’s house, are attempting to bring a private prosecution against the comedian. The family’s lawyer today appeared before a district judge sitting at Epping Magistrates Court in an attempt to begin an action.
The Lubbock family has served an application alleging six offences: four related to the misuse of drugs, one alleging drunk and disorderly behaviour and one alleging assault on Lubbock, said their lawyer Tony Bennett.
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Mr Bennett said that the judge had adjourned proceedings so that the disgraced star, who has spent the past few years in New Zealand before trying to resurrect his career on the Channel 4 show, could be notified of what the family was trying to do. Mr Bennett said he anticipated a further court hearing in the next few days.
Police launched a lengthy investigation following the death of Lubbock at Barrymore’s home near Harlow in March 2001. But Barrymore was not prosecuted as a result of the death.
Mr Bennett said that he had failed in an attempt to get the show’s producers to pass legal documents to Barrymore, who is is the Big Brother house at a studio in Elstree, Hertfordshire. Mr Bennett said he was now trying to serve notice of the intended prosecution to the star’s lawyers.
“What the family wants to do is effectively bring a private prosecution against Michael Barrymore,” said Mr Bennett. “There was a hearing before a district judge at Epping Magistrates Court today. The judge adjourned the proceedings and told us to serve the notice of the intended prosecution on Mr Barrymore so that he could be represented.
“We have tried to do that via the Big Brother producers but failed. Now we are trying to contact Mr Barrymore’s lawyers. I expect there will be another hearing in the next few days.”
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Mr Bennett said that the Lubbock family had wanted to bring a private prosecution for some years but had found it difficult because Barrymore had been living abroad. Mr Lubbock was found floating in Barrymore’s swimming pool at his luxury home in Roydon, near Harlow, in March 2001.
An open verdict was recorded at an inquest into his death in September 2002, which heard that Lubbock had suffered severe internal injuries suggesting he may have been the victim of a serious sexual assault before his death. Post-mortem examinations also revealed that the 31-year-old had a combination of alcohol and drugs, including ecstasy and cocaine, in his system.
Recording an open verdict at the end of a week-long hearing, Coroner Caroline Beasley-Murray said that what happened to Lubbock remained a mystery.
A Big Brother spokesman said: “We have made it clear that we have not accepted service of any documents on behalf of Mr Barrymore and that service should be made via Mr Barrymore’s solicitor.”
The complaint against Mr Galloway was made in the Commons today by Labour’s Chris Bryant - and brought an unexpected admission from Mr Martin that he had been watching the programme and saw a notorious episode last week when Mr Galloway pretended to be a cat and licked imaginary milk off the actress Rula Lenska.
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In a point of order, Mr Bryant said that Mr Galloway was “not exactly present and in communicado” at present - “and yet he has managed to sign early day motions last Thursday - 12 of them on the Order paper today - one of them for abandoned animals for Christmas”.
He added: “I don’t know whether a cat was included. I wonder whether this is entirely in order for an MP who is not present, has no means of being in communication with this House, still to be able to sign early day motions.”
He urged Mr Martin to investigate how he was signing the EDMs, which are used by MPs to highlight an issue and appear on the Commons Order Paper each day.
After a lengthy pause, Mr Martin said, to laughter from all sides: “I do watch Big Brother. I saw the one about the cat and then the one about the boxes.”
Mr Martin added: “I do know that some MPs give authority to another MP to put their name on such a motion. But I can’t think of any Member who would do so in this instance. I will look into the matter. That’s the best I can do and I will continue watching Big Brother in my spare time.”