'Killer letter' handed to police

Shamsuddin Mahmood was shot dead on Orkney in 1994

An anonymous letter claiming to identify who shot a waiter to death was handed to police 12 years later, a murder trial has been told.

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

The High Court in Glasgow heard the letter said: "I saw his face in full and the handgun".

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

Police civilian worker Susan Sinclair said the note was handed in to Kirkwall police office by William Grant in 2006.

She told prosecutor Brian McConnachie QC that she recognised the man.

This may seem stupid, but the way he held the handgun looked like he had held a firearm before Letter shown to jury

The jury was shown the letter which stated: "This is a true letter, I promise that I saw the person who killed the Indian waiter.

"I saw his face in full and the handgun. It was in toilets at Kiln Corner. I have lived long enough with the guilt at not coming forward.

"The person was about 15+ years approx - white and had a balaclava on head but still not turned down."

It went on: "The colour was either dark blue or black and dark clothing. He came out of the cubicle but went back in quick when he saw me. I looked over and saw his face in full.

"The handgun was natural polished metal or silver and a big Beretta.

"This may seem stupid, but the way he held the handgun looked like he had held a firearm before. I just don't ken what to do. Worried sick witness."

No name

When asked by Mr McConnachie: "Did you speak to him?" she replied: "I don't really recall what was said. He handed me a letter and then he just turned and walked out."

Donald Findlay QC, defending, asked her: "It was an anonymous letter delivered personally was it not?" and she replied: "Yes".

Mr Findlay added: "It just happened you know this person?" and she replied: "Yes."

When asked if anything was missing from the letter she relied: "There's no name of the person who wrote it."

She said she did not know if Mr Grant was the author or the postman.

Heard banging

A man earlier told how he heard banging and rustling coming from a toilet cubicle shortly after the waiter was shot.

John Rendall said that when he heard about the murder the next day he suspected the noises could be linked.

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.