Woman 'shocked' at murder claim

Shamsuddin Mahmood was shot dead in 1994

A woman has told a murder trial she was "shocked" when her former husband said he had seen a gunman the night a waiter was shot dead 12 years before.

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

Jane Grant told the High Court in Glasgow of William Grant: "I asked him why he had not done anything about it before."

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

Mrs Grant said her husband visited her the day before he went to police in September 2006 claiming he had information about the shooting.

She was asked by prosecutor Brian McConnachie QC: "Did William come to see and tell you something about the murder in Kirkwall?"

Mrs Grant replied: "Yes."

'Gone earlier'

She was also asked if she was surprised and she said: "I was shocked.

"I asked him why he had not done anything about it before, why he had not gone to the police earlier."

Mrs Grant admitted to Donald Findlay QC, defending, that in the 12 years between the shooting and 1 September 2006 he had never mentioned anything to her about what he allegedly saw.

Earlier, 51 year-old Mr Grant denied he had made up a story about seeing a gunman in public toilets on the night of the shooting.

He was also asked by Mr McConnachie if he had made up the claims about seeing the accused in the toilets before the shooting.

Mr Grant said: "I thought that it looked like Michael Ross."

He was then asked: "Who did you see in the toilets?"

Violent threats

He replied: "I thought that it was Michael Ross."

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.