Ian Brady, one of the moors murderers has been bedridden for two years
Despite potentially fatal health concerns, Ian Brady, 79, has been focused on his High Court appeal which would enable him to have a taxpayer-funded lawyer of his choice during his fight to leave mental hospital.
The murderer who has been jailed since 1966, was described as “terminally ill” by his legal team, who told the High Court: “He is in very poor physical health. He suffers from emphysema and has constant oxygen an nebuliser four times a day.”
Brady's launched a High Court appeal after a judge said his 25-year long solicitor-advocate Robin Makin could not lead his cases before the Mental Health tribunal – who will decide if he can leave mental hospital – because his lawyer's firm is unable to accept Legal Aid money.
Mr Makin’s law firm, E Rex Makin & Co, is not a member of the Law Society’s mental health panel so they cannot act as Brady’s legal representative.
But insisting they had a right to fight on Brady’s behalf, Brady’s legal team said the Lord Chancellor had the power to intervene to protect his human rights.
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Philip Engelman, Brady's barrister, argued that Ms Truss had unlawfully fettered her discretion by failing to act.
But Mr Justice Morris sitting in London, dismissed Brady’s case as “unarguable” and ruled that it had “no realistic prospect of success”.
The judge made his decision after experts at the high-security Ashworth Hospital in Merseyside, where he is currently being held, said he had chronic mental illness and needed continued care.
In 2013, Brady initially asked the Mental Health Review Tribunal if he could move to a Scottish prison so he would not be force-fed and could die if he wished.
People search for bodies on the Moors in 1965 after the murders
But he since stopped engaging with the health tribunal as he claimed they were “biased” against him.
Brady, one of Britain's longest serving prisoners, was jailed for torturing and murdering five children in Manchester with his then girlfriend Myra Hindley in the 1960s.