Man acquitted of double murder due to his mental health

Gary MacKay and Dwayne MacLeay were stabbed to death

A man accused of a double murder was not criminally responsible for his actions because of his mental health, a judge has said.

David Sinders, who has paranoid schizophrenia, stabbed Dwayne MacLeay, 28, and Gary MacKay, 35, at a flat in Inverness on 28 May 2020.

He also stabbed and injured a woman at the property.

Mr Sinders, a patient at the State Hospital at Carstairs, was acquitted at a hearing at the High Court in Glasgow.

The hearing was told Mr Sinders made a number of comments to police who arrested him, including that the two men had a red button to set off an atomic bomb.

He also asked one officer if the men were dead and that he hoped they were.

'Special defence'

Judge Lord Harrow said it was beyond reasonable doubt Mr Sinders carried out the attacks.

But he added because of his illness Mr Sinders "did not appreciate the nature or wrongfulness" of his conduct.

The judge said: "As a result, I am satisfied beyond reasonable doubt that he was not criminally responsible for his conduct by way of a mental disorder.

"I acquit him by reason of the special defence."

Mr Sinders will meanwhile remain in Carstairs for treatment on a compulsion order without limit of time.

Police at the scene of the stabbing in Inverness in 2020

In February last year, he was deemed unfit to stand trial.

Instead, an examination of facts hearing was held at High Court in Glasgow to look at the circumstances of the attacks and Mr Sinders' mental state at the time.

Advocate depute Leanne McQuillan read a joint minute - facts agreed between the prosecution and the defence.

She said Mr MacLeay and Mr Sinders were neighbours in Balloan Road.

Ms McQuillan said prior to the attack several witnesses were aware of Mr Sinders saying or doing things which they found to be strange.

On the night of the killings, Mr Sinders was in Mr MacLeay's home with others.

Mr MacKay turned up and Mr Sinders suddenly accused the man of punching him.

Kimberley Nicholson, who was in the kitchen, later heard someone shout: "David, stop it."

Ms Nicholson was then confronted by Mr Sinders and she was stabbed on a shoulder and in the stomach, before he left the flat.

Ms Nicholson found Mr MacLeay and Mr MacKay stabbed in another room. She raised the alarm by calling 999.

Mr Sinders had faced charges of murdering both men and attempting to murder Ms Nicholson.

A number of doctors who had provided reports on the accused gave evidence during the three-day hearing.

The court was told Sinders' condition involved "hallucinations and delusions".