Man who killed pensioner Frank Kinnis detained at Carstairs

Frank Kinnis died after being attacked at Birkenhall Wood

A man who killed an 83-year-old dog walker in Morayshire after attacking a couple has been ordered to be held at the State Hospital at Carstairs.

David Johnstone left Frank Kinnis dead and two other victims needing hospital treatment after assaults carried out 40 minutes apart.

A court heard Johnstone's concerned parents had contacted NHS 24 twice trying to have their son sectioned.

Johnstone, 36, was ordered to be held under an interim compulsion order.

He will be detained at the secure psychiatric hospital before a further hearing in September.

Mental disorder

Johnstone was acquitted of the offences after the Crown accepted his not guilty plea on the grounds that, at the time, he was unable because of a mental disorder to appreciate the nature or wrongfulness of his actions.

He had been charged with murdering Mr Kinnis at Linkwood Farm, Barmuckity, Elgin, in Morayshire, last October.

Prosecutors alleged he seized hold of Mr Kinnis, put an arm around his neck and compressed his throat and repeatedly punched and kicked him and stamped on his head.

He was also charged with attempting to murder Morris and Janette Smith, who were both 70, on the same day at Birkenhill Woods, Elgin.

Johnstone was also accused of attacking two police officers.

Police were called to the scene at Birkenhall Wood

Judge Lord Uist said it was an "extremely sad and tragic case".

He said: "It appears there may be a question as to whether some steps could have been taken at an earlier stage which would have prevented the death of the deceased."

Lord Uist said it was a matter for the Crown to consider whether a fatal accident inquiry should be held in the case.

Urgent psychiatric review

Advocate depute Alan Cameron said Johnstone had been referred by his GP for an urgent psychiatric review last June, but he had failed to attend the appointment.

Mr Cameron said that the attack on Mr and Mrs Smith had "changed their way of life."

He said: "Each reported feeling significantly anxious about being in public or around strangers, things which would not have concerned them prior to the attack."

After the attack, Johnstone ran off before encountering Mr Kinnis on a path between fields.

The attack was seen by a worker on the roof of a building "quite a distance" from the scene.

Mr Cameron said: "The worker was concerned and, along with a colleague, went to attempt to assist Mr Kinnis."

Another dog walker found Mr Kinnis and made a 999 call.

Mr Cameron said: "It was not possible, due to the extent of his facial injuries, to identify Mr Kinnis at that stage.

"However, officers were approached by his wife who had come looking for him when the dog arrived home without him.

"She was able to describe the clothing which he had been wearing, thus allowing an identification to be made."

Mr Kinnis later died in hospital.

Johnstone, who lived alone in Elgin, was arrested by police at home after a short struggle.

Defence counsel Ian Duguid QC said: "At the time he was suffering from delusions and perhaps hallucinations. He was someone who was significantly mentally unwell."

Mr Duguid said it had become apparent to his employers about six months before the events that he was mentally unwell.

He said his mental health has now improved and added: "He does wish his remorse and extreme regret to be expressed and finds it, I think, difficult himself to acknowledge what his physical actions were on that date."