No positive ID, murder trial told

Shamsuddin Mahmood was killed by a bullet to the head

A man has told a murder trial that he had not been able to positively identify the gunman he saw in a public toilet the night a waiter was shot.

William Grant was giving a second day of evidence at the trial of 29-year-old Michael Ross.

Mr Ross denies murdering waiter Shamsuddin Mahmood at a restaurant in Kirkwall, Orkney, in 1994.

Mr Grant had initially claimed he recognised Mr Ross but later admitted the name had been suggested to him.

Under cross-examination, Donald Findlay QC, defending, asked: "When you saw the person in the toilets you thought you recognised him, but that was as far as it went?" Mr Grant replied: "Yes."

Mr Findlay said: "Until the name of Michael Ross was suggested to you, did you have any idea at all who the person in the toilets was?" Mr Grant replied: "I had some idea, but I wasn't sure."

When asked if initially he thought it was someone different, Mr Grant replied: "I can't say that. I just had some idea."

Mr Findlay then asked: "When Michael Ross's name was suggested to you, was it maybe weeks later?" and Mr Grant replied: "Months I think."

Denies charges

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, at the High Court in Glasgow, continues.