Liverpool, England -- March 10, 2000 -- Sadistic British child killer Ian
Brady should be force-fed in prison to stop him from starving himself to
death, a court ruled.
A high court in Liverpool, northeast England,
ruled that it was ``lawful, rational and fair'' that Brady, who was jailed
for life in 1966, be stopped from killing himself by refusing food.
Brady, 62, had argued that he should be allowed
to starve himself and not be force-fed through a tube by staff at the Ashworth
high security mental hospital where he is serving his sentence.
Brady and his accomplice and lover Myra Hindley
were convicted of killing Lesley Ann Downey, 10, and Edward Evans, 17.
Brady was also sentenced to life for murdering
12-year-old John Kilbride.
The couple became known as the ``Moors Murderers''
because they buried their victims' bodies on the bleak Saddleworth Moor
near Manchester in northern England.
Twenty years after their conviction, Brady
and Hindley confessed to killing Pauline Reade, 16, and Keith Bennett,
12.
The killers recorded the cries of their victims
as they tortured them. One tape heard in court during their trial featured
the voice of Lesley Ann, filled with pain and fear, whimpering ``I want
to see my mummy. Please God, help me.''
More than almost any others, the crimes of
Hindley and Brady still prompt deep public revulsion in Britain and the
issue of how long they should spend in jail has become a political decision.
With public opinion so strong, no Home Secretary
(interior minister) has ever felt able to rule that the couples' life sentences
should mean anything other than imprisonment until death.
Hindley, who has always refused to give up
hope of being freed, has launched a fresh appeal against her sentence.
But Brady seems resigned to the fact that he
will die in jail and, faced with that future, has battled for the legal
right to starve himself to death.
The murderer has described Ashworth as a ``penal
dustbin'' and complained that his treatment there is unpleasant and demoralising.
He said staff were pumping cold liquid food into his stomach through a
tube inserted into his nose.
Brady was told of the judgment before it was
announced in open court and returned to Ashworth to continue his sentence.
Myra Hindley's lawyers will present a dossier
of new evidence to the Appeal Court in London in an attempt to prove that
she was forced to murder children by her accomplice Ian Brady.
She is trying to overturn a ruling that life
imprisonment means she should die in prison, and win the right to a parole
hearing.
Hindley claims that she can prove that she
took part in the Moors murders only because Brady abused her, and threatened
to kill her mother, grandmother and younger sister. But Brady has already
retaliated, claiming that "33 years of duplicity" had driven "her into
the realms of psychotic delusion and absurdity."
Hindley's lawyers will allege that Brady
bit, strangled, whipped, drugged and even blackmailed her into taking part
in the murders.
The new material includes photographs taken
by Brady showing her naked with bruises and injuries caused by bites, whips
and canes.
But her tactics are expected to backfire because
Brady, 60, now a patient at Ashworth Special Hospital in Merseyside, is
threatening to release "sick" letters she wrote to him up to six years
after they were convicted.
Hindley, 56, who is held in Highpoint category
C prison in Suffolk, has been granted legal aid to go to the Court of Appeal
in London. She is not expected to appear in person for the hearing, which
follows her unsuccessful challenge last year to the decision by Jack Straw,
the Home Secretary, that she should stay in prison for the rest of her
life.
A 35-page judgment was delivered at the High
Court in London by Lord Bingham, the Lord Chief Justice, ruling that Mr.
Straw's decision was lawful. Hindley's lawyers were granted leave to appeal.
At the hearing she will attempt to challenge Mr. Straw's ruling and the
decisions of successive Home Secretaries who have decided that she should
spend her life behind bars despite the fact that she had served more than
an earlier "tariff" of 30 years.
She was jailed for life in 1966 for the murders
of Edward Evans and Lesley Ann Downey. In 1985, she confessed to involvement
in three additional murders.
Brady's alleged treatment will be one ground
in the appeal. The other will be evidence that she is not likely to re-offend.
But Winnie Johnson, the mother of one of Hindley's five victims, 12-year-old
Keith Bennett, said: "If she ever tries to get out she will be dead."
This latest court action represents the third
strategy Hindley has adopted since conviction.
At first she stayed silent, and then later
revealed evidence of other murders in a fruitless bid to convince the public
that she had reformed. Now she is claiming that she took part in the crimes
unwillingly.
In a series of interviews given from jail earlier
this year to a newspaper, Hindley said Brady had forced her to take part
in the crimes.
Her new evidence includes allegations that
Brady drugged her grandmother to show he could commit the "perfect murder"
and also drugged Hindley so that he could take pornographic photographs.
He threatened to blackmail her with them.
She is also claiming that Brady beat her with
a stick, raped her and bit her. Hindley also said that Brady threatened
her with a rifle and a knife, beat her with a broom and strangled her until
she was unconscious to practice for the murders.
Their first victim was Pauline Reade. She said:
"After the murder, as we were driving
home, he told me that if I'd shown any signs of backing out, I would have
finished up in the same grave as Pauline . . . I just said, 'I know'."
Asked why she had never made the claims about
Brady before, she said:
"I suffered dreadful abuse at Brady's
hands but I didn't say anything about it for a long time. I felt so guilty
and, frankly, I felt I deserved what I got."
Brady has retaliated by saying the pictures
were faked and the bruises were lipstick marks. He has threatened to release
letters she sent to him after their arrest in which she suggested Brady
should get someone to throw acid on Brett, the four-year-old son of Ann
West, mother of victim Lesley Ann Downey.
Only three years ago Hindley said:
"I am not seeking to blame Ian Brady for what
I am personally responsible for, or even to apportion blame. And whatever
mitigating factors there were, my own conscience and acute awareness of
my own culpability tell me the unpalatable truth that - excepting God's
mercy - I have no excuses or explanations to absolve me for my behavior
after the first offense."
Brady has condemned Hindley's attempt to blame
him for the killings and released a six-page letter he sent to the Home
Secretary. Brady wrote:
"Hindley, in her usual Barbara Cartland prose,
has created a Victorian melodrama in which she portrays herself as being
forced to murder serially, by being drugged, blackmailed, whipped, raped,
battered, having her family threatened with slaughter, bitten, strangled
etc., etc. At first I was staggered and appalled, then as the catalogue
of feverish crimes mounted to stultification level, I slowly realized that
desperation had finally driven her over the top. It appears that the neurosis
bred by her own pathological machinations has developed into psychosis.
She appears to be suffering from a histrionic
personality disorder, adopting manipulative attention seeking behavior
. . . an obsessive compulsive personality disorder, concealing a strong
tendency towards rebellion and acting on impulse."
Brady said that he will offer Hindley's "sick"
letters to the highest bidder.
Any payment, he says, should go to victims'
families.
Legal experts predicted that Hindley would
fail in her attempt to appeal against Mr. Straw's ruling. One said:
"I think this is the legal equivalent of clutching
at straws."
Privately Home Office officials speculate whether
it would be possible for any Government to release Hindley. The court case
is expected to last two days. A ruling will be delivered later.
Hindley, jailed for life for her part in the
Moors murders, was told that she will never be freed.
Official notification of the decision by Michael
Howard, the Home Secretary, was given to Hindley in Durham jail, where
she is now in the 31st year of her sentence. She is among about 25 life
prisoners, ranging from serial murderers to those convicted of some of
the worst terrorist atrocities of recent years, who are regarded as subject
to a "whole life tariff"."
Alan West, the husband of Lesley Ann's mother,
said the family was delighted that Hindley would not be freed.
"We're absolutely over the moon," he said.
"It's totally the right decision. She should never be let out and I'm glad
she knows that."
Hindley's lawyers, Taylor Nichol, said Mr.
Howard's decision was both unlawful and inhumane, and that she was taking
legal advice on a possible challenge in the courts.
In a statement, the firm accused Mr. Howard
of bowing to political pressure and public opinion rather than considering
the merits of her case.
"It fails to reflect the views of all the judiciary
consulted in her case that she serve less than her co-defendant, Brady,"
the lawyers said.
"It represents an unjustifiable and irrational
leap from the 30-year period originally fixed by the Home Secretary in
1985."
The decision failed to take account of "her
exceptional progress in prison and genuine remorse" and fettered the Home
Secretary's discretion under the 1991 Criminal Justice Act to release her,
the statement said.
The lawyers pointed out that Hindley's trial
judge had said only that she should be kept in prison for a very long time.
In 1978, the advice of Lord Widgery, then Lord
Chief Justice, was that she should serve a shorter term than Brady.
In 1982, eight years before Mr. Waddington
imposed the "whole life" tariff, Lord Lane as Lord Chief Justice had recommended
that she serve 25 years. He reiterated this advice in 1985 but the Home
Office increased the provisional tariff to 30 years in the same year.
The Rev Peter Timms, a south London Methodist
minister who has taken a keen interest in her case, described Mr. Howard's
decision as "disgraceful."
Mr. Timms, a former prison governor, said:
"The Home Secretary's decision to give
a natural life tariff in the case of Myra Hindley is a gross injustice.
It treats her differently to every other life sentence prisoner and it's
now clear that she is a political prisoner."
He said it was a sad reflection on the system
of justice that one woman had been singled out because of "concerted adverse
publicity over 30 years."
The decision to keep her in prison without
any justification under normal rules had been taken "for no other purpose
than votes."
Mr. Timms added:
"She is not dangerous and every report on her
has confirmed that for almost 20 years. This is an injustice, and injustice
for one in a civilized society is injustice for all, and ought to be resisted
by all thoughtful people."