A Skye man convicted of murder and three counts of attempted murder has been denied permission for an appeal hearing.
Finlay Macdonald was found guilty in November of murdering John MacKinnon and attempting to murder his wife Rowena, as well as John Donald MacKenzie and his wife Fay, using a knife and a shotgun in August 2022.
He was jailed for a minimum of 28 years.
It came after a two-week trial at the High Court in Edinburgh in which Macdonald argued he had diminished responsibility due to mental health problems he was suffering at the time.
People convicted of serious offences are entitled to lodge appeals to the court.
That enables their lawyers to make legal arguments, claiming that the conviction or the sentence – or both – were unsafe or too severe compared to similar cases.
Appeal is against conviction and sentence
In this case, Macdonald’s legal representatives had intimated an intention to appeal both the conviction and sentence.
The first stage was for a senior judge to decide whether or not to grant permission for an appeal to proceed.
At what is called ‘the first sift’, a single judge considered whether there were arguable grounds for an appeal to proceed based on legal matters and evidence.
The judge concluded there were no grounds for appeal, and so Macdonald’s lawyers asked for a second sift.
At that stage, a panel of three judges reviewed the case.
The Scottish Court Service has today confirmed that this appeal was refused at second sift on April 30.
During the sentencing hearing in November, the judge, Lady Drummond, told Macdonald: “The circumstances were that you awoke on August 10 2022 believing something was wrong in your marriage.
“Using your wife’s pin to access her phone, you copied messages between her and another man stating she planned to leave you.
“After confronting her in the kitchen of your home, you took out a knife from your pocket and stabbed her in the stomach several times.
“When she tried desperately to escape, you pursued her to the door stabbing her again on the back and again as she fell to the floor.
‘You walked past your bleeding wife’
“You went outside to your car, loading it with a pump-action shotgun, 400 cartridges and a machete-style knife, before you went back to lock the gun cabinet.
“As you went back and forth to the house you walked past your wife who was lying bleeding outside and attempting to call emergency services, before you drove off.
“The jury by their verdict rejected your claim that you were provoked into attacking your wife by reason of sexual infidelity.
“You drove directly to the home of your brother-in-law, a journey of 17 minutes.
“You walked into the kitchen where you repeatedly shot John MacKinnon who was unable to defend himself.
“He suffered three gunshot wounds to his chest abdomen and thigh.
“The most significant of the wounds was to his chest from which he died at the scene.
“From there you drove to Dornie on the mainland, a journey of about 40 minutes, followed by two police cars.
“Mrs MacKenzie was outside and heard your arrival.
“She saw you with the gun by your side standing within two feet of the living room window.
‘You aimed at her and shot her twice’
“The police shouted to her to go inside and lock the doors.
“You waited for her to do that before aiming and shooting at her twice through the living room window.
“Your shots hit her in the face and head.
“You immediately went inside the MacKenzie house where you shot Mr MacKenzie, who was shielding his wife, once in the back.
“Mr MacKenzie managed to get the gun off you before police tasered and batoned you and very soon after the emergency services arrived.”
Lady Drummond added: “John MacKinnon’s, wife, sister and children’s victim impact statements are heart breaking to read.
“The event so scarring it has left them angry, shocked, sad and in deep anguish.
“A loving husband, brother and a wonderful father, the last two years have been unimaginably difficult for them, they miss and grieve for him daily.
“They feel they have lost the life and soul of their family and that their lives will never be what they once were.”
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