Probe into care of Elgin OAP's mentally ill killer

Frank Kinnis died in 2019 after being attacked

The killing of a pensioner by a man with a mental disorder is to be probed in a fatal accident inquiry.

David Johnstone left 83-year-old great-grandfather Frank Kinnis dead and two other victims injured after the attacks in the Elgin area in 2019.

He is being held at the State Hospital at Carstairs without limit of time.

The inquiry, in Elgin next year, will examine the healthcare Johnstone received before the death of Mr Kinnis happened.

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

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

Protection of the public

Lord Uist ordered the then 36-year-old be detained in conditions of special security at the psychiatric hospital in 2020.

The judge said it was necessary for the protection of the public.

A psychiatrist told the High Court in Edinburgh that Johnstone had psychotic symptoms for about three years before the attacks.

The initial victims were Morris and Janette Smith, who were both 70, at Birkenhill Woods.

Johnstone then attacked Mr Kinnis at Barmuckity. He later died in hospital.

An official notice of the inquiry stated: "Frank Kinnis died as a result of being assaulted by David Johnstone, who was not criminally responsible for his conduct due to mental disorder at the time of the incident.

"This inquiry is necessary to examine the mental health care and treatment provided by medical professionals to the said Mr Johnstone prior to the incident."

The inquiry is due to be held on 23 and 24 January at Elgin Sheriff Court.