Witness in Michael Barrymore pool party death dies while being investigated

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Stuart Lubbock (Image: PA)
Stuart Lubbock (Image: PA)

The blundering pathologist who missed vital evidence in the Michael Barrymore pool death mystery has died, raising fears that the case may never be solved.

The family of tragic Stuart Lubbock – who was found dead at a late-night party at the Strike It Lucky presenter’s home in 2001 – now believe no one will ever be brought to justice for his death. Dr Michael Heath’s postmortem determined Stuart, 37, had drowned. But later tests showed he had marks on his face indicating asphyxia, possibly from an arm clamped round his throat during a sexual assault.

Dr Heath’s failure to link that to the cause of death meant vital weeks were missed in the police probe. He went on to be discredited over his handling of other cases and was under investigation by the General Medical Council at the time of his death. Mr Lubbock’s brother Kevin, 55, last night said: “Dr Heath should have been struck off years ago.

"Instead, his slap-dash judgments 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.” Before his death from cancer in 2021, Stuart’s father Terry said: “His findings in my son’s case were ridiculous.”

Witness in Michael Barrymore pool party death dies while being investigated qhiqqhiqdxixuinvBarrymore's TV career was torpedoed by the scandal (Ken McKay/ITV/REX/Shutterstock)
Witness in Michael Barrymore pool party death dies while being investigatedStuart Lubbock's brother Kevin (PA)

A police investigation into the death at Mr Barrymore’s home in Roydon, Essex, remains open. A man was held in 2021 but released without charge. But now, Dr Heath’s death aged 75 may make any conviction more unlikely as he cannot be challenged in court over his bungled findings.

Man in 30s dies after being stabbed in park sparking police probeMan in 30s dies after being stabbed in park sparking police probe

The pathologist undertook thousands of postmortems – including Moors Murderer Myra Hindley’s – and was found to have botched a string of cases, including two quashed murders. And he was under investigation by the GMC at the time of his death for failing to carry out a proper inquiry into the death of a man he claimed had died from a heart attack.

The family of Uzo Mbaeliachi, a 57-year-old trader in gas and oil shipments, believe he was murdered at his home in Waltham Forest, North East London, in 2017. His daughter noticed gashes and cuts to his face when shown his body and his clothes were returned covered in bloodstains.

The GMC investigation has now been closed in the wake of the doctor’s death. Uzo’s daughter Ify, 41, said: “Heath has died before we could get justice. We expected the GMC findings any week. There’s a murderer out there, still at large, because this doctor ignored the evidence. My dad was murdered but because the pathologist concluded it was a heart attack, the police can’t do anything.”

Witness in Michael Barrymore pool party death dies while being investigatedPool at Barrymore's former home where Stuart was found (Channel 4)

In 2006, concerns over the reliability of Dr Heath led to the re-examination of 50 convictions in which his evidence had been instrumental. In one case, an innocent man spent three years in jail after Dr Heath wrongly concluded that his girlfriend had been murdered.

In 2021, the GMC placed stringent conditions on the doctor, who could only complete or comment on probes he had already started. The GMC said: “Our thoughts are with everybody affected by Dr Heath’s death. The death of any doctor during our regulatory proceedings results in the closure of the case.

"We understand this can be distressing for families anxious for the outcome of an investigation or hearing. Prior to his death, Dr Heath was registered without a licence to practise.” The pool death effectively ended the TV career of Barrymore, 71, who has always denied any involvement in Stuart’s death.

John Siddle

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