There should be no funeral for the Moors murderer Ian Brady and no music played during the disposal of his body, a senior judge has ruled.

Responsibility for supervising the task has been taken out of the hands of his former solicitor and executor, Robin Makin.

The judgment, delivered by the chancellor of the high court, Sir Geoffrey Vos, rejected Makin’s request that Berlioz’s Symphonie Fantastique should be played at his funeral.

Tameside borough council has been given authority to dispose of Brady’s remains. There has been concern that his ashes might eventually be scattered on Saddleworth Moor where his victims were buried.

In a summary of his judgment read out in court, Vos said five months after Brady’s death at the age of 79, Oldham and Tameside councils were concerned that no proper arrangements had been made for the disposal of his body.

“I am satisfied ... 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,” Vos said.

“The deceased’s wishes are relevant but they do not outweigh the need to avoid justified public indignation and actual unrest.”

Tameside and Oldham councils were right to intervene, the judge said. “Mr Makin has not been justified in being so secretive about how he was intending to dispose of the deceased’s body.

“Had [Makin] discussed with the [local councils] and given clear undertakings that he was not intending to scatter the deceased’s ashes in their areas, these proceedings might have been avoided.

“Even now he has refused to say what he intends to do with the ashes if he is allowed custody of them.”



Makin, the judge said, could not be entrusted with the ashes.

“I decline to permit the playing of the fifth movement of the Symphony Fantastic at the cremation as Mr Makin requested.

“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.”

In his ruling, the judge said: “As to the playing of the fifth movement of the symphony during the cremation, I need only quote the description of that movement from Wikipedia for it to be seen how inappropriate it would be: ‘Fifth movement: Songe d’une Nuit du Sabbat (Dream of the Night of the Sabbath). In both the programme 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 …’



“I have no difficulty in understanding how legitimate offence would be caused to the families of the deceased’s victims once it became known that this movement had been played at his cremation. I decline to permit it.”



Sections of Vos’s judgment were redacted to prevent the arrangements for the disposal of Brady’s body becoming known. The identities of any officials involved in the disposal have also been withheld.



In a joint statement, Tameside and Oldham councils 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 wishes of relatives of the victims and local communities would be respected, they said.

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.



Makin had said there was “no likelihood” that Brady’s ashes would be spread on Saddleworth Moor but refused to say what he intended to do with them if allowed custody.



In his judgment, Vos said he had no doubt that Makin could be trusted but added that the whole matter had “simply gone on far too long”.

