Inquiry hears toxins so dangerous, clothes had to be destroyed

POLICE officers' uniforms and boots had to be destroyed because of the dangers posed by toxins from a poison believed to have killed a man in police custody.

The clothes of the deceased Gerard McNally were also destroyed Sheriff Margaret Neilson heard at a Fatal Accident Inquiry at Inverness Sheriff Court today.

It is thought Mr McNally, who was arrested at his home in Fort Augustus on allegations of committing sexual offences, poisoned himself with Phostoxin, a lethal pesticide used for killing moles and rats.

The post mortem had to be carried out at site at Daviot quarry for safety reasons.

Today depute fiscal Heather Swan read through a list of affidavits from witnesses who are not being called to give evidence but have submitted sworn statements to the inquiry.

One of the affidavits read out was from Northern Constabulary Detective Constable Alicen Winston, who was appointed Crime Scenes Officer as a result of the death in custody of Mr McNally on 13th August 2010.

In her statement, DS Winton described the measures that had to be taken to protect officers and others who came in close contact with Mr McNally.

She said that at some point after his arrest, Mr McNally had admitted to taking rat or mole poison.

He became sick on the journey to Burnett Road Police Station where he later collapsed.

He was taken to Raigmore Hospital by ambulance but died just over three hours after his arrest.

The police officer said an emergency planning team was put in place to handle the matter and a mobile post mortem site had to be set up at a remote location at Daviot quarry.

No traces of Phostoxin were found on the officers clothes but they were destroyed anyway as a precaution along with those of the deceased.

She said air tests at the cell and toilet in Burnett Road Police Station and the mortuary at the hospital found no trace of the toxin.

But there were positive results from the clinical waste in the hospital.

Chemical experts trained in biological, radiological and nuclear incidents were involved in the inquiry and experts from the manufacturers of Phostoxin - Rentokill - were also brought in.

The accident inquiry has already heard how Mr McNally (47) was facing historical allegations of committing sexual offences and it is believed he ingested Phostoxin at his home in The Riggs, Fort Augustus, before he was put into a police car.

The cause of death was identified as probably phosphine toxicity and coronary artery atherosclerosis which is believed to have been caused by ingested Phostoxin.

On the first day of the inquiry the sheriff was told how Mr McNally asked not to be handcuffed until he got into the police car.

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.

A pathologist will give evidence tomorrow on the post mortem.