28 Jun 2013

Moors murderer Ian Brady loses prison move tribunal bid

Moors murderer Ian Brady has lost his bid to be moved from a maximum security hospital, where he is being force fed, to prison.

The decision, which follows a week-long public tribunal, means the 75-year-old child killer will remain a patient at Ashworth Hospital, and will not be, as Brady suggested, “free to end his own life” by starving himself to death in prison.

A statement from the tribunal, which was led by Judge Robert Atherton, said: “The tribunal has concluded that Mr Ian Stewart Brady continues to suffer from a mental disorder which is of a nature and degree which makes it appropriate for him to continue to receive medical treatment and that it is necessary for his health and safety and for the protection of other persons that he should receive such treatment in hospital and that appropriate medical treatment is available for him.”

The tribunal said the reasons for the decision would be released at a later date.

‘Recreational killings’

Terry Kilbride, the brother of John, one of the victims, had previously described the £250,000 tribunal as a “complete waste of taxpayers’ money”, saying that Brady just wanted to be “in the limelight”.

Mental health hearings are usually held in private, but Judge Atherton had agreed to Brady’s request that it be held in public.

Ian Brady denied he was psychotic at his triobunal, and also said his crimes were 'recreational killings', and that he was a 'petty criminal' (picture: Getty)

Brady’s appearance at the tribunal was his first in public since the 1980s. During the hearing he described himself as “a petty criminal” and said his crimes were “recreational killings” which were part of an “existential experience”.

He also denied he was “psychotic” and said that he had accepted “from day one” that he would be behind bars for the rest of his life.

Keep him alive as long as possible because it’s only him that knows where Keith Bennett is. Terry Kilbride

His legal team was arguing that, though Brady suffers from a severe narcissistic personality disorder, he is not mentally ill and could be treated in hospital.

His legal team also argued that Brady did not intend to take his own life – though the serial killer did suggest that this was he plan, and suggested he would be able to find a way to take his life if he was force-fed in prison.

‘Keep him alive’

Mr Kilbride, whose brother John was snatched in November 1963 aged 12, said he agreed Brady should stay in hospital.

“He should remain there, that’s my honest opinion, he should remain at Ashworth,” he said. “He knows what he’s doing, he’s a very clever person up there, which he will be, he’s had plenty of time to learn hasn’t he, he’s got a law degree, he’s learned German and all this, that and the other.

“But he should stay where he is, that’s my honest opinion on it. I don’t believe he’s going to kill himself, that’s just a ploy, just another wind-up.

“I think to be honest he should go back to hospital, I think that’s where he belongs, in the hospital, and keep him alive as long as possible because it’s only him that knows where Keith Bennett is.”

Keith Bennett, the last missing victim of Ian Brady and Myra Hindley (picture: Getty)

Keith Bennett (pictured, above) is the last missing victim of the moors murderers. He was taken when he was 12 years old. His mother, Winnie Johnson, died last year without knowing where her son was buried.

John Ainley, who was Mrs Johnson’s solicitor, said: “I think Winnie would have been satisfied by the decision today. She always felt that Ian Brady did not give the children any choice and consequently he should not have the choice to leave the hospital environment.

“I think Winnie would have been very stressed and angry at some of the evidence she would have heard from Ian Brady – in particular the references to the murders as recreational activities and an existential experience.

“To think that murdering children could be compared in that way… it beggars belief.”

‘Under review’

Dr David Fearnley, medical director at Ashworth, said Brady would “be able to appeal against the detention, which is a natural part of the Mental Health Act under which he is detained.”

Asked if he would continue to be force-fed in hospital, he said: “Mr Brady’s treatment is under review by the specialist team and that’s an issue for the team to think about in the future.

“He will continue to receive specialist care and treatment until he either improves or we maintain the stability.”