MOORS Murderer Ian Brady is being treated as a “special case” by the hospital fighting to halt his transfer to prison, his mental health tribunal was told.
His barrister questioned whether Ashworth Hospital had “lost perspective” in being drawn into a battle with the child killer who has previously claimed he wants to kill himself in jail where he cannot be force-fed.
Brady, 75, has told the tribunal panel sitting at the maximum security hospital in Merseyside that he is not psychotic or insane and should be allowed to the serve the rest of his whole life term in prison.
Three independent experts called by Brady’s legal team have concluded that he is not mentally ill but agree he has a severe personality disorder.
Lawyers for Brady contend that the personality disorder can be managed by the prison system but officials at Ashworth argue that he is also a paranoid schizophrenic who still shows signs of chronic psychosis and needs round-the-clock care.
In her closing submission, Nathalie Lieven QC, for Brady, said there was no therapeutic benefit in Brady staying in Ashworth.
“His personality disorder is fixed and effectively static,” she said. “The reality is that he is being contained but is not gaining with treatment.
“There is no therapeutic benefit for Mr Brady to remain in hospital. There is an impasse between the hospital and the patient.”
She added: “It is beyond doubt that prisons are overcrowded but why is there any reason to keep him in hospital with the only benefit he can gain being what can only be described as benign containment?”
She said his personality disorder could also explain large parts of his presentation when he gave evidence yesterday in which he referred to his crimes as “recreational killing” and said he committed the murders for an “existential experience”.
Eleanor Grey QC, for Ashworth Hospital, said: “We say this has been a long-standing chronic illness with prognostic implications, that the nature of the case of untreated schizophrenia is that it does not vanish.
“Plainly it must be beyond doubt that Mr Brady holds false and fixed beliefs ... beliefs that are on the delusional end of the spectrum.”
She said there was “overwhelming evidence” that he suffers from an anti-social and narcissistic personality disorder but the scale of his paranoia is “grossly in excess” to attribute it to paranoid traits of the same disorder”.
She said there was a real risk to Brady’s health if he continued on hunger strike in jail and that he could also relapse quickly to the psychotic levels he displayed in the 1980s.
Judge Robert Atherton adjourned the hearing and said the panel hoped to announce its final decision by the “end of the week” via the Judicial Communications Office.
The reasons for the decision would be given at a later date because of the length of the material that the panel needs to consider, he added.
Brady and his partner, Myra Hindley, were convicted of luring children and teenagers to their deaths, with their victims sexually tortured before being buried on Saddleworth Moor, off the Greenfield Road above Holmfirth.