
Michael Barrymore is suing Essex Police for £2.5m, claiming that his arrest over Stuart Lubbock's death destroyed his career.
Police admitted the arrest was unlawful, but argued Mr Barrymore could have been lawfully detained by another officer instead.
31-year-old butcher Stuart Lubbock was found dead in the entertainer's swimming pool at his Essex home in 2001.
Six years later, Mr Barrymore and two other men were arrested after new evidence emerged, police said. They were later released without charge.
Mr Barrymore's counsel, Hugh Tomlinson QC says his client had "made it clear he did not kill or assault Mr Lubbock. Although he was arrested, he was never charged with any offence and the Crown Prosecution Service (CPS) subsequently made it crystal clear there was no basis for any charges."
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