Mentally ill killer's Moray attack ruled unpredictable

Frank Kinnis died in 2019 after the attack

The killing of a pensioner by a man with a mental disorder was a tragic event arising from "unpredictable" circumstances, a sheriff has ruled.

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.

A fatal accident inquiry examined the healthcare Johnstone had received.

Sheriff Olga Pasportnikov said she did not think there was anything more which could have been done.

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The sheriff said there were no precautions which could reasonably have been taken that might realistically have resulted in Mr Kinnis' death being avoided.

She also ruled there were no defects in any system of working which contributed to his death.

Johnstone was acquitted in 2020 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.

Lord Uist ordered the then 36-year-old be detained in conditions of special security at the State Hospital at Carstairs, South Lanarkshire.

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

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A psychiatrist had 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 when they were assaulted at Birkenhill Woods.

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

The inquiry called in January at Elgin Sheriff Court to examine the mental health care and treatment provided by medical professionals to Johnstone prior to the incident.

In her determination, Sheriff Pasportnikov said she did not consider that there was anything which could have been done by doctors, nor could they have taken any further reasonable precautions, made any improvements to their system of working, introduced a system of working or taken any further steps.

'Horribly tragic event'

The sheriff wrote she did not consider Crown submissions in relation to concerns about individuals not attending for urgent referral psychiatric appointments to be something the inquiry could issue any recommendation on.

She also said it was not a case of "one size fits all" adding that, as one medical witness expressed in evidence, mental health care had to be a "patient-centred approach."

Sheriff Pasportnikov said if a blanket approach to the treatment of those suffering from mental health issues were to be taken "there would be the fear of going back to the days of large psychiatric institutions".

She concluded: "The untimely death of Frank Yule Kinnis was a horribly tragic event arising from a most unfortunate combination of unpredictable circumstances."

The sheriff thanked family members of Mr Kinnis and Johnstone for attending the proceedings and commended their dignity throughout.