Friday, 13 October 2017

Ian Stewart-Brady

" .....even in the sordid history of crimes against children the murders committed by Hindley jointly with Ian Brady, were uniquely evil" - Lord Steyn in R (Hindley) v Secretary of State for the Home Department [2000] UKHL 21.

On 15th May, the "Moors Murderer" Ian Brady died - previous post 18th May 2017.  He was convicted at Chester Assizes in 1966 (Fenton Atkinson J and a jury) of the murders of John Kilbride (12), Lesley Ann Downey (10) and Edward Evans (17).   Myra Hindley, who died in 2002, was convicted of the murders of Lesley Ann Downey and Edward Evans.

The bodies of two other missing children - Keith Bennett (12) and Pauline Reade (16) - had not been found at the time of the trial.  Brady and Hindley were strongly suspected of their murders.  Pauline Reade was found in 1987 but Keith Bennett's body has still not been discovered.  It is believed to be buried somewhere in the vast expense of the lonely, remote moorlands above Saddleworth.

The Chancery Division of the High Court heard an application brought by Oldham MBC and Tameside MBC against Mr Robin Makin (Stewart-Brady's solicitor and executor).  The application was about whether certain orders should be made in respect of the disposal of  Ian Stewart-Brady's body.

The Chancellor of the High Court (Sir Geoffrey Vos) found that there were special circumstances to enable him to exercise the jurisdiction under the Senior Courts Act 1981 section 116 to appoint an administrator for the purposes of arranging the disposal of the body.  The name of the person appointed is redacted from the judgment.  Sir Geoffrey also held that he could direct how the body should be disposed of and he ruled that there was to be no music and no ceremony.  The deceased had requested that Movement 5 of the Symphonie Fantastique (Berlioz) be played but this will not be permitted because it would cause legitimate offence to the families of the victims.  An order will be drawn up to specify the details of how the deceased's body is to be disposed of. At this stage, the order will not be published.

The REDACTED judgment is at Oldham Metropolitan Borough Council (and others) v Robin Makin (and others) and the Judiciary website has published a summary HERE.  Certain details were not revealed out of concern that there might have been public unrest.

Sequel 4th November 2017:

The body of murderer Ian Stewart-Brady was cremated and disposed of at sea.  The UNREDACTED version of the High Court's judgment has been issued - HERE

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