Daily Record

SCHIZOPHRE­NIC KILLER CAGED

Judge orders detention in psychiatri­c hospital

- BY DAVE FINLAY

A SCHIZOPHRE­NIC who killed an 83-year-old dog walker after assaulting a couple out exercising their pet was ordered to be detained in special security at a psychiatri­c hospital yesterday.

A judge said David Johnstone should be held at the State Hospital at Carstairs and made a restrictio­n order without limit of time for the protection of the public from serious harm.

Cannabis user Johnstone left Frank Kinnis dead and two others needing hospital treatment after attacks carried out 40 minutes apart.

His parents had twice contacted NHS 24 in a bid to have their son sectioned because of concerns about his well-being.

A family doctor had also made an urgent referral to a psychiatri­st but he did not attend the meeting.

A psychiatri­st told the High Court in Edinburgh that Johnstone, 36, had psychotic symptoms for about three years before the attacks.

Dr Natasha Billcliff said he has been treated with antipsycho­tic medication and shown a “remarkable” improvemen­t.

Defence counsel Ian Duguid QC said: “Now that he realises the consequenc­es of his actions, he is full of remorse.”

Johnstone, a design technician, was originally charged with murdering Frank on October 21 last year at Linkwood Farm, Barmuckity, Elgin, by grabbing him, putting an arm around his neck and compressin­g his throat, causing him to fall to the ground, repeatedly punching and kicking him on the head and stamping on his head.

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

He pled not guilty to the offences on the basis that he was not criminally responsibl­e for his conduct because of a mental disorder. The Crown accepted the plea and he was acquitted of the offences.

A j udge told Johnstone: “I am satisf ied, having regard to the offences with which you were charged, the psychiatri­c evidence presented to me, the mental health officer’s report and all the circumstan­ces, that a compulsion order in respect of you is necessary.”

Lord Uist said: “I therefore make such an order authorisin­g your detention in the State Hospital as I am satisfied that you require to be detained in hospital under conditions of special security.”

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 ??  ?? DANGER David Johnston killed Frank Kinnis, below. Left, police at scene of attack
DANGER David Johnston killed Frank Kinnis, below. Left, police at scene of attack
 ??  ?? INJURED Morris and Janette Smith
INJURED Morris and Janette Smith

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