Racism claim in 1994 murder case

Shamsuddin Mahmood was shot dead in a Kirkwall restaurant

A soldier told police that a man accused of murdering a waiter on Orkney was a racist who thought black people should be shot, a court has heard.

Michael Ross, 29, denies murdering 26-year-old Shamsuddin Mahmood at the Mumutaz restaurant in Kirkwall in 1994.

Witness Ricky Bews told the High Court in Glasgow he served in the army cadets with Mr Ross and that the accused was a "good shot".

Mr Ross, of Inverness, was 15 at the time of the waiter's death.

Mr Bews, 28, said Mr Ross, who was a year above him at Kirkwall Grammar, was his instructor in the cadets.

In a statement made to police in 1999, Mr Bews told police: "Michael is a racist and I have heard him say that blacks should not be up here and should be shot."

In court, he initially told prosecutor Brian McConnachie QC that he could not remember making the remark.

The statement was put to him, and he was asked by Mr McConnachie: "Is that what you told the police and is it true?".

'Real hostility'

He replied: "Yes, it's true."

Mr Bews said he had heard Mr Ross make racist remarks prior to the shooting of 26-year-old Mr Mahmood, who was also known as Shamol.

Under cross-examination by Donald Findlay QC, Mr Bews was asked: "Racial remarks, words which would be totally unacceptable or even criminal now were in common use in 1994 as far as your group was concerned?"

He replied: "Yes".

Mr Findlay added: "On any one single occasion did you encounter Mr Ross saying, doing or hinting at anything that showed real hostility towards Asians?".

Mr Bews replied: "No."

Cycling elsewhere

The jury heard that Mr Ross was now a sergeant serving in the Black Watch.

Mr Ross is also accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon.

He is further charged with, while acting with others whose identities are unknown, committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse.

The offence was allegedly committed between 3 May and 24 May, 1994.

Mr Ross is also accused of committing a breach of the peace on 19 May that year in Papdale Woods, Kirkwall.

He denies all charges and has lodged a special defence of alibi claiming he was nowhere near the Indian restaurant or Kirkwall town centre, but was cycling in another part of Orkney.

The trial continues.