MOORS MURDERER Ian Brady wanted his ashes scattered to "WITCHCRAFT" music but a judge has ordered the monster will be disposed of "without a ceremony".
The twisted child killer, who died at the age of 79 in May this year, had asked for the classical piece Symphonie fantastique by Hector Berlioz to be played.
But Chancellor of the High Court, Sir Geoffrey Vos, today ruled it would cause "legitimate offence" as he said Brady would receive "no music and no ceremony".
He also handed responsibility of disposing of his remains to Tameside Council after deciding that the killer's executor could not be "entrusted" with the ashes.
His remains have been held at a secret location since his death on May 15 – amid fears his ashes could be scattered on Saddleworth Moor.
The decision over what to do with his remains has been subject of a legal battle between Oldham and Tameside councils and Brady's executor, solicitor Robin Makin.
The judge said that five months on from his death, Mr Makin, had failed to make proper arrangements for the disposal and been "secretive" about his intentions.
Mr Makin had refused to reveal Brady's deathbed wishes to the local authorities, journalists and even in the open court – only offering to tell the judge in private.
But Sir Geoffrey said it was "not good enough" and refused to "be the only person to be told".
He told the court: "I am satisfied also that it is both necessary and expedient for the matter to be taken out of Mr Makin's hands if the deceased's body is to be disposed of quickly, lawfully and decently.
"Even after a hearing that has lasted for one and a half days, the parties have not been able to agree precisely how the deceased's body should be disposed of.
"Section 116 of the Senior Courts Act 1981 and the court's inherent jurisdiction over estates allows it in this case to give directions as to who should dispose of the deceased body, and as to how it should be disposed of."
Mr Makin said there was "no likelihood" that Brady's ashes would be spread on Saddleworth Moor but has refused to say what he intends to do with them if allowed custody.
The High Court heard the twisted child murderer's last request was to have "inappropriate" piece of classical music – the fifth movement of Hector Berlioz's Symphonie Fantastique – played at his funeral.
EVIL BRADY'S LAST REQUEST: THE CLASSICAL PIECE OF 'WITCHCRAFT' MUSIC BANNED FROM KILLER'S FUNERAL
"UNIQUELY evil" Ian Brady has been denied his last request for music at his cremation.
The sick child killer had wanted the fifth movement of Hector Berlioz's Symphonie Fantastique – Dream of the Night of the Sabbath – played at his funeral.
But Chancellor of the High Court, Sir Geoffrey Vos, ruled the classical piece as "inappropriate" and would cause "legitimate offence" to the victim's family.
The judge, in his ruling, quoted a description of the composition from Wikipedia, as he branded it "inappropriate".
He said: "'Fifth movement: "Songe d'une nuit du sabbat" (Dream of the Night of the Sabbath): In both the program notes, Berlioz wrote, '[the musician] sees himself at a witches' sabbath, in the midst of a hideous gathering of shades, sorcerers and monsters of every kind who have come together for his funeral.
"'Strange sounds, groans, outbursts of laughter; distant shouts which seem to be answered by more shouts.
"'The beloved melody appears once more, but has now lost its noble and shy character; it is now no more than a vulgar dance tune, trivial and grotesque: it is she who is coming to the sabbath … Roar of delight at her arrival … She joins the diabolical orgy …
"'The funeral knell tolls, burlesque parody of the Dies irae, the dance of the witches …'."
The judge concluded that he had "no difficulty" in declining permission of the music and said Brady would receive "no music and no ceremony".
The judge explained the composer envisaged himself at a "witches' Sabbath, where hideous monsters gathered to laugh at a funeral".
Sir Geoffrey said: "I decline to permit the playing of the fifth movement of the Symphony Fantastique at the cremation as Mr Makin requested.
"As the composer's programme notes describe, the theme and subject of the piece means legitimate offence would be caused to the families of the deceased's victims once it became known it had been played.
"It was not suggested by Mr Makin that the deceased had requested any other music to be played or any other ceremony to be performed, and in those circumstances, I propose to direct that there be no music and no ceremony."
Tameside Council, now responsible for disposing of Brady's remains, said it will be done so "in a manner that does not cause offence and distress to the public".
A statement from the local authority released today, said: ''We know that the relatives and residents alike found even the suggestion that his ashes may be scattered over Saddleworth Moor to be abhorrent and distressing, especially because 13 year old Keith Bennett has never been found, despite his mother's best efforts to locate him to give him a proper burial.
''The Court supported our duty as local authorities to ensure that public order is maintained and the wishes of the families of his victims and our local communities are respected to ensure Ian Stewart Brady's body and remains are disposed of expediently in a manner compatible with the public interest and those of the victim's relatives.''
Brady and Myra Hindley, who died in prison in 2002, tortured and murdered five children in the 1960s.
Four of the victims were buried on Saddleworth Moor in the south Pennines.
The depraved killer was jailed in 1966 and was Britain’s longest-serving offender.
For the past 31 years he lived at Ashworth Hospital, on permanent suicide watch, after being declared criminally insane in 1985.
Brady was on hunger strike from 1999 until his death and kept alive by being force-fed a liquid nutrition mix.
Earlier this year he revealed he was dying of a terminal lung and chest condition and had been bedridden for two years.
Brady received end-of-life care from nurses who assist terminal cancer patients.
During the decades he spent in prison, Brady was urged to reveal where victim Keith Bennett’s body is buried.
Brady's own lawyer Robin Makin revealed he would be "very surprised" if the killer left any useful information about where Keith's body was, telling Radio 4: "He did go to the Moors a long time ago and I suspect that if there had been information for him that he could have provided, he would have provided it then."
He said he didn't personally have any information that could assist in the search for Keith, saying that he instead discussed Brady's legal wishes and funeral arrangements, with the killer aware that his death was "imminent".
Cops vowed not to close the case into Keith's death, saying Brady's death would not change that.
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