Man took rat poison as he was handcuffed
A fatal accident inquiry has heard how a man facing allegations of committing sexual offences began vomiting on a journey from Fort Augustus in a police car and later died in Raigmore Hospital.
It is believed Gerard McNally of The Riggs, in the Loch Ness-side village ingested poison he had used for killing moles before he was handcuffed and led away by arresting officers.
Mr McNally (47), died in the Inverness hospital just hours after his arrest on August 13, 2010.
The cause of death was identified as probably phosphine toxicity and coronary artery atherosclerosis and that it was believed he ingested Phostoxin.
Sheriff Margaret Neilson heard officers had a search warrant for his house in relation to an investigation involving historic allegations of alleged sexual offences.
The inquiry heard on the first day how Mr McNally asked not to be handcuffed until he got into the police car.
He said he didn’t want to be seen by neighbours coming out of the house in handcuffs.
But he went into the kitchen of his home for a glass of water after being cautioned by police.
A canister containing the poison Phostoxin in tablet form was later recovered from a cupboard beside a cooker in the house.
Sergeant Edward Ross told the inquiry he became engaged in conversation with Mr McNally, who couldn’t read, on the journey to Burnett Road.
The police officer said he was already thinking that procedures may have needed to be put in place to provide suspect support at interview.
But Sgt Ross added: "He did start to slur his words after three to four minutes. His complexion changed and he began to sweat."
He said Mr McNally stopped speaking altogether then began gesturing he wanted to be sick.
Detective Constable Muriel Fuller, who was driving, pulled in at the first opportunity.
"He was sick but not profusely. But he was retching a lot," said Sgt Ross.
Later Mr McNally asked to stop to use the public toilets at Drumnadrochit. He then collapsed in toilets when they reached the police station and an ambulance was called.
Earlier Mr McNally’s stepdaughter Alice, (18), told the hearing her mother married Mr McNally in the year 2000 and she called him dad.
She said they had lived at Whitebridge before moving to Fort Augustus and she had seen the container of poison tablets in a cupboard there.
She asked him what they were for but he never told her. She said she then saw the tablets later in a drawer in the kitchen at their home in Fort Augustus.
Alice’s sister Amy, (21), told Sheriff Neilson the police called before 9am and her father had to go to the bathroom to put tracksuit bottoms on before letting them in.
She said her dad couldn’t read so her mother Angela had to read the search warrant to him.
She said her dad wanted a cup of tea but the police would not allow this. They allowed him to go for a glass of water into the kitchen and he returned to the living room to sit down to wait for a police car to pick him up.
He asked the police officers to say goodbye.
"He gave mum a hug and a kiss and said ‘I don’t think I’ll last that long’," said Ms McNally.
She said her mum asked what he meant but he was led away to the car.
PC Deborah Doherty described how Mr McNally’s wife read the warrant and Mr McNally was very calm, cooperative and listening to what they were saying to him.
She said he was cautioned and charged at 8.27am.
Three dogs in the house had been put into a bedroom where Mr McNally later changed in the presence of Sgt Ross before leaving for the police station. Sgt Ross in his evidence said he searched the clothing but only found tobacco.
PC Doherty said Mr McNally was in the kitchen for a very short time.
Later in the morning about 10am she was asked to return to the house because DC Fuller had informed her Mr McNally was unwell and they wanted to find out if there was any medical reason for his condition.
She said the suspect had said he had taken a poison.
She said Sergeant Andrew Blakey went back to the house then returned to Fort Augustus Police Station with the container of poison.
The details of the poison were communicated to medical staff at Raigmore Hospital but PC Doherty said she received a phone call to say Mr McNally had died at 11.56am.
DC Fuller in her evidence said Mr McNally, who smoked roll-sup cigarettes, had a cigarette before leaving in the police car. S
he said she went with him to the kitchen but because he was a big man she couldn’t see round him.
However she said she didn’t see him taken anything from a cupboard or put anything in his water.
Sgt Blakey, who was at the house when the warrant was executed said Mr McNally said the allegations against him were "a pack of lies".
The hearing continues.