Brother of man found dead at Michael Barrymore's pool party fear they will never get justice after pathologist who botched death probe dies

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The brother of Stuart Lubbock who was found dead at Michael Barrymore's pool party has said his family fear they will never find justice following the death of the pathologist who botched the postmortem. 

Stuart, 31, was found dead with severe internal injuries in Strike It Lucky star Barrymore's pool at his £2million home in Roydon, Essex, on March 31, 2001, after a party with just seven other guests.

Dr Michael Heath's postmortem told of of how Stuart had drowned but tests completed later concluded that he also had marks on his face that indicated possible asphyxiation.

This could have been caused from an arm held round him during possible sexual assault.

Dr Heath was at the helm of forensic investigations in thousands of major criminal cases, including the victims of Moors murderer Myra Hindley. 

Stuart Lubbock (pictured), 31, was found dead in Barrymore's pool with severe internal injuries

Michael Barrymore (pictured outside the High Court in London in 2021) was hosting a party with seven other guests at his £2million home in Roydon, Essex, on March 31, 2001, when Stuart died

Stuart's brother Kevin Luddock (pictured) has said he fears the family will never see justice after the pathologist who blundered the portmortem died

But in 2001 his work on Stuart's death was found to differ from those of other pathologists.

In 2009 the General Medical Council (GMC) found Dr Heath guilty of serious misconduct, but ruled his fitness to practise was not impaired.

The Home Office pathologist resigned and shortly after it emerged that nine further murder and manslaughter convictions involving evidence given by Dr Heath were being reviewed.

Of the bungled postmortem, Stuart's brother Kevin, 55, said: 'Dr Heath should have been struck off years ago.

'Instead, his slap-dash judgements led to many wrong decisions at inquests, notably Stuart's. 

'He has caused families untold pain and left many without answers. With his death, it's doubtful any families touched by Dr Heath will get any true justice, including ours,' he told the Sunday Mirror last night. 

Terry Lubbock, who died of terminal cancer in 2021, fought for justice for more than 20 years following his son Stuart's death.

A man in his 50s was detained on suspicion of murder and sexual assault in March 2021 in the North of England after Essex Police said 'significant new information' had come to light.

But the force admitted in September of that year there was 'insufficient evidence to reach the level where there is a realistic chance of a successful prosecution' over the death in March 2001.

Mr Lubbock senior, a retired toolmaker who lived in Harlow, then released a harrowing statement laying bare his devastation at the lack of resolution.

Pathologist Dr Michael Heath (pictured outside the Epping Forest Coroner's Office) is under fresh investigation

Mr Lubbock had been attending a party at Barrymore's luxury home in Roydon with eight other people on March 31, 2001

Police believe Mr Lubbock was sexually assaulted and murdered with his body possibly moved from a jacuzzi to make it look like he had accidentally drowned 

The message on Twitter, which was accompanied by a photo of the gaunt pensioner lying on his care home bed, said: 'Someone knows who killed Stuart Lubbock. I will die of a broken heart. Stuart was murdered at the former home of Michael Barrymore in Roydon, Essex.' 

A post-mortem examination found Mr Lubbock suffered internal injuries suggesting he had been raped.

Barrymore's career imploded in the aftermath of the death, which happened after he and his then partner, Jonathan Kenney, spent the night out in Harlow. 

They went home with a small group of people they met in a club including butcher Mr Lubbock, 31, a divorced father of two.

Barrymore – who later apologised after fleeing before police arrived, saying that he had 'panicked' – has always denied any knowledge of what happened.

He, Mr Kenney, 51, and another guest at the party, former dustman Justin Merritt, 47, were arrested in 2007 but later released without charge.

The latest arrest came after police renewed their appeal for information last year and offered a £20,000 reward, later increased to £40,000.

It coincided with a Channel 4 documentary about the case.

DCI Jennings said at the time that one or more of the eight other people at the property were involved and others might know what happened.

Mr Lubbock's death was initially assumed to be an accident by officers, who failed to secure the crime scene.

A coroner recorded an open verdict in 2002 after failing to confirm the cause of death. Alcohol, ecstasy and cocaine were found in his bloodstream.

Barrymore, now a recovering alcoholic who lives in west London, has tried to rekindle his career without success, including a stint on Celebrity Big Brother in 2006.