Scottish man, 35, accused of murdering OAP and attempting to murder two others 'unfit to stand trial'

A MAN accused of murdering an 83-year-old man and attempting to murder two 70-year-olds at woods in Elgin is unfit to stand trial.

Johnstone is accused of murdering 83-year-old Frank Kinnis by seizing hold of him, placing his arm round his neck and compressing it, causing him to fall to the ground and punching, kicking and stamping on his head.

David Johnstone, 35, was not present in the dock at the High Court in Glasgow when the case called today. He is detained at the State Hospital.

His defence QC Ian Duguid said: “The accused is not present. He is not well enough to be brought to these proceedings.”

Johnstone is accused of murdering 83-year-old Frank Kinnis by seizing hold of him, placing his arm round his neck and compressing it, causing him to fall to the ground and punching, kicking and stamping on his head.

This is alleged to have taken place at Linkwood Farm, Barmuckity, Elgin, on October 21, last year.

He is also charged with attempting to murder Morris and Janette Smith at Birkenhill Woods, Elgin, on October 21, last year.

It is alleged he repeatedly punched and kicked Mr Smith on the head and stamped on his head rendering him unconscious. He is accused of repeatedly punching and kicking Mrs Smith on the head and body.

He is further accused of assaulting two police officers at Birkenhill, Elgin, on October 21, last year.

No plea has been entered on behalf of Johnstone.

An examination of facts lasting three days will take place at the High Court in Edinburgh starting on July 27.

Judge Lord Arthurson ordered Johnstone to be detained at the State Hospital on a temporary compulsion order.

At the time of his death, relatives of Mr Kinnis said: "He was a doting, warm-hearted and unfailingly dependable presence in each of our lives.”