Ian Brady must stay in hospital after losing court battle

 
Elizabeth Cook/PA
29 June 2013
WEST END FINAL

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Moors Murderer Ian Brady must stay at a maximum security hospital after losing his £250,000 court fight to be transferred to a jail.

The decision following a week-long public hearing means the child killer will stay in Ashworth Hospital on Merseyside for the forseeable future on the grounds that he is insane.

Victims' families have criticised giving Brady, 75, the opportunity to "grandstand" at the mental health tribunal, while others described the hearing as a "circus" and a "complete waste of taxpayers' money".

The tribunal was the first time Brady has been seen in public since the 1980s, when he was taken back to Saddleworth Moor in the search for the bodies of two of his victims, and the first time he had spoken in public since being jailed for life at Chester Assizes in 1966.

The decision on Brady's appeal was given by the three-man panel headed by Judge Robert Atherton, who heard the tribunal at Ashworth.

He 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."

Brady, whose legal costs are estimated to be around £250,000 and paid by the taxpayer as he gets legal aid, has the right to challenge the decision, which would require a further hearing at an Upper Tribunal.

The reasons for the tribunal's decision will be released at a later date.

Brady had told the hearing he was merely a "a petty criminal" and described his crimes as "recreational killings" which were part of an "existential experience".

His legal application challenged the order made under the Mental Health Act when he was transferred from prison to Ashworth in 1985, when he was diagnosed as being a paranoid schizophrenic.

Brady's legal team argued that, despite his severe personality disorder, he is not mentally ill and therefore no longer fulfils the legal criteria for detention in hospital.

Brady has suggested that, if he is allowed to go back to a jail, he would be "free to end his own life" by starving himself to death.

Dr David Fearnley, medical director at Ashworth, said: "We appreciate the time and effort the mental health tribunal has given to this case and its judgment is consistent with the expert opinions of our clinicians.

"Ashworth Hospital has been subject to in-depth scrutiny and the public has been able to see at first hand the quality of care which we offer to all of our patients.

"Mr Brady suffers from a severe personality disorder and a mental illness which still require high quality care. It is a testament to the staff of Ashworth Hospital that we have been able to stabilise his schizophrenia to the degree we have. However, his condition is chronic and will require this support for the foreseeable future.

"With some of the most highly qualified and experienced psychiatrists, psychologists and mental health nursing staff in the country, Ashworth Hospital has clearly demonstrated that it provides the highest quality of care to some of the most complex mental health patients in the country.

"Every patient is detained under the Mental Health Act and all pose a danger to themselves or others.

"With a strong and demonstrable record of rehabilitation, we are able to help to protect the public and to also ensure that they, their families and carers, and the wider community, all receive the support they need to achieve the best outcomes possible for everyone."

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