Something catastrophic affected killer, says lawyer

A defence lawyer has said something "catastrophic" occurred for a man with no previous convictions to shoot his brother-in-law dead.

Finlay MacDonald faces charges over a series of attacks in and around Skye on 10 August 2022.

He denies the murder of his brother-in-law, the attempted murder of his wife by stabbing her, and the shooting two other people, claiming he was suffering an abnormality of mind at the time.

Donald Findlay KC, a long-serving senior counsel, told the High Court in Edinburgh: "There is a genuine tragedy in this case. It is a case the like of which I do not think I have ever seen in nearly 50 years of being here."

Mr MacDonald denies murdering his brother-in-law John MacKinnon in a shooting in Teangue, Skye.

He has lodged a special defence to the charge maintaining at the time his ability to determine or control his actions was substantially impaired by abnormality of mind.

He also denies attempting to murder his wife Rowena at their home in Tarskavaig, Skye, and attempting to murder John and Fay MacKenzie in a shooting in Dornie, Wester Ross.

Mr Findlay told jurors in his closing speech: "Whatever else you have thought over these many days I would be astonished if you were not deeply affected by much of what you have seen and heard."

He said his client had never been convicted of any crime and yet on one day he killed a man, put his wife's life at risk and others were injured.

Mr Findlay said: "Something catastrophic has happened somewhere."

A psychologist had earlier told the trial that, at the time of the alleged murder, Mr MacDonald was affected by autism and post-traumatic stress disorder with depression, anxiety and a personality disorder in the background.

Mr Findlay argued the prosecution was doing everything it possibly could to make jurors think that whether Mr MacDonald had autism or otherwise was irrelevant.

The lawyer said there was a sub-plot that autism did not count. He added: "But of course it does.

"He was born with it and from his childhood he has had no practical assistance whatsoever.

"It is a simple fact that he received no help."

Prosecutor advocate depute Liam Ewing KC told jurors there was "absolutely no basis" for finding there was provocation with regards to the alleged attempted murder of Mrs MacDonald.

He said Mr MacDonald had found some "mildly flirty texts" on his wife's phone between her and a work colleague and added: "But there was nothing in those texts which suggested an ongoing sexual relationship."

Mr Ewing said: "There is no evidence which suggests that the accused lost control because he discovered his wife was having an affair."

He pointed out that Mr MacDonald told police: "I wish I could turn back the clock.

"I just feel like if she had not physically started fighting with me it would never have happened."

The trial before judge Lady Drummond continues.