Man detained at Carstairs after killing dog walker, 83, and attacking couple in woods

COURT: Parents had asked for son to be sectioned before horrific events unfolded

A man who killed an 83-year-old dog walker and attacked another elderly couple in a Moray wood has been detained in a psychiatric hospital.

David Johnstone was charged with murdering Frank Kinnis at Linkwood Farm, Barmuckity, Elgin, on October 21 last year.

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

Johnstone, 36, was accused of repeatedly striking and punching Mr Smith, causing him to fall to the ground, and repeatedly punching and kicking him and stamping on his head, rendering him unconscious and repeatedly punching and kicking Mrs Smith.

Johnstone was also accused of repeatedly punching PC Mitchell Dickson on the head and struggling with him and trying to punch PC Iain Meggat.

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

The High Court in Edinburgh heard Johnstone’s parents had contacted NHS 24 twice prior in a bid to have their son sectioned.

Lord Uist ordered he be held at the State Hospital, Carstairs, under an interim compulsion order before a further hearing in September.

Advocate depute Alan Cameron told the court Mr and Mrs Smith were in Birkenhill Woods shortly before 9am on October 21 when Johnstone struck.

He ran off before encountering Mr Kinnis at around 9.40am.

A worker on the roof of a building a distance from the scene witnessed the fatal attack.

Mr Cameron added: “(The worker) saw the two come together then appear to fall over. Mr Johnstone got up and walked away for a short distance before returning while Mr Kinnis was still on the ground.

“The worker heard a yelp and saw Mr Kinnis’s dog run off down a farm track. Mr Johnstone again began to walk away and Mr Kinnis got up and started to walk in the opposite direction.

“However, Mr Johnstone then turned and approached Mr Kinnis again.

“The worker saw them grappling, Johnstone behind Mr Kinnis with his arm around his neck, apparently compressing it.

“Although they tried to stop him... Johnstone managed to escape.”

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

Victim Frank Kinnis.