Ness suffered a miscarriage just before she was due to have her 12-week scan on April 20 2021.
She told how she had treasured the ashes for three years.
“They had sat on my shelf next to my baby scan,” said Ness.
In court, prosecutor Chris Paxton KC said “the ashes that Lucy was given could not have been those of her baby”.
The barrister did not state that they were of animal origin.
Ness was clear to the , however, that police had told her the ashes were animal remains.
Her disgust at Bush was clear.
She said: “How can somebody with a duty of care do this to my family?”
She and her partner, Callum Ellerby, were told their baby was cremated on 10 May 2021.
“We didn’t know the gender,” said Ness. “We were not going to know the gender.”
The day after the cremation was meant to have taken place, Bush, from Legacy Independent Funeral Directors, rang her and asked her to collect the ashes, which she did.
They were contained in a white china urn with a teddy bear embossed on it, Ness recalled.
When Humberside Police announced they were investigating Legacy in March 2024, Ness rang the helpline set up for anyone concerned.
The force then contacted her to say the ashes she had in her home could not be that of her baby, she said.
Officers explained to Ness that they had checked records at the crematorium and found Bush collected the baby’s ashes on 13 May – two days after he had presented Ness and Ellerby with the urn.
She said: “I have felt very up and down. This has definitely impacted on my mental health.”