Elgin man David Johnstone who killed elderly dog walker Frank Kinnis received no psychiatric treatment before attack
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The family of an Elgin man who killed an elderly dog walker had previously expressed their worries about his mental health.
David Johnstone killed 83-year-old Frank Kinnis on October 21, 2019.
A fatal inquiry began today at Elgin Sheriff Court to decide whether anything different could reasonably have been done to prevent the death.
The inquiry heard that both Johnstone's father and brother had contacted medical services before the attack.
Johnstone, who was aged 36 at the time, was said to be experiencing delusions, and at one point had claimed to be the Messiah.
On June 24, 2019 – nearly four months before the attack – Mr Johnstone Snr, phoned both the Maryhill GP Practice in Elgin, where his son was a patient, and an out-of-hours number to voice his concerns.
Giving evidence, Dr Kerry Cattanach stated she undertook a home visit the following day.
The father let her into his son's house.
Johnstone had initially refused to come downstairs but eventually agreed to talk to the GP.
During their conversation, which lasted the best part of two hours, Dr Cattanach said that he had appeared calm.
Johnstone also confirmed he was neither suicidal nor angry with anyone.
However, the project design engineer admitted he had been smoking cannabis daily for many years.
He also stated he was questioning whether he should continue to eat food because of issues regarding "energy transfer".
Johnstone told Dr Cattanach he would be willing to engage with psychiatric services.
She came away from his house with the impression that he was suffering from psychotic episodes and possibly a schizophrenic-type illness, but posed no immediate danger to either himself or others.
Dr Cattanach made what's known as an 'urgent referral' to NHS Grampian's adult psychiatry service.
She also wrote an "extensive" letter to the service, outlining what had been said in her meeting with Johnstone.
The inquiry heard that after Dr Cattanach's referral had been accepted the duty of care for Johnstone passed from the Maryhill Practice to the psychiatric service.
Dr Bruce Davidson, a consultant psychiatrist at Dr Gray's Hospital, stated Johnstone had missed an appointment on July 1, 2019, which had been arranged following the referral.
He stated that he had promptly written offering another appointment but had still not heard back by October when the fatal attack occurred.
Dr Davidson described the service as having an "open door" policy when a patient was perceived as not being an immediate threat to themselves or others.
Dr Alastair Palin, the clinical director of mental health services at NHS Grampian, defended this approach, adding there had been recent criticism that too many people in Scotland were being locked up for mental health issues.
He stated that the vast majority of people experiencing psychotic episodes pose no danger to anyone.
Therefore, a presumption existed against imposing treatment against a patient's will.
Dr Palin said: "We try to support and treat people at home.
"I think that's true of most psychiatric treatment in Scotland today.
"Many patients are treated informally."
Johnstone was originally charged with murdering Mr Kinnis who had been out walking his dog at Linkwood Farm, Barmuckity, near Elgin.
He was also charged with the attempted murder of two 70-year-old women later that same day at Birkenhill Woods in Elgin.
However Johnstone was acquitted at the High Court in Edinburgh in 2020 after the Crown accepted his not guilty plea on the grounds that he had a mental disorder at the time.
Instead he was ordered to be detained in a psychiatric hospital for an unlimited period.
The High Court heard that Johnsone had shown a "remarkable" improvement after being treated with antipsychotic medication.
Speaking in court at the time, Johnstone's defence counsel, Ian Duguid QC, said: "He wishes his remorse and extreme regret to be expressed."
Further evidence is set to be heard tomorrow at Elgin Sheriff Court on the second and final day of the fatal accident inquiry.
