Accused's father 'owned 11 guns'

Shamsuddin Mahmood was shot dead in Orkney in 1994

A firearms licensing chief has told a court that the father of a soldier accused of murdering a waiter owned 11 guns at the time of the shooting.

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

Norman Macleod told the High Court in Glasgow that Edmund Ross held a firearms certificate for pistols, revolvers, rifles and a shotgun.

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

Mr Macleod, who works as a firearms licensing manager for Northern Constabulary, said Edmund Ross held a firearms certificate for five pistols, two revolvers, three rifles and one shotgun between 1992 and 1995.

Prosecutor Brian McConnachie QC asked: "Is it correct that there are four 9mm pistols on that certificate?"

He replied: "Yes."

The bullet would be more powerful. It would come out with a greater velocity Ronald Withers Witness

The court was told that the pistols were a Mauser, a Browning, a Steyr and a Colt.

The jury heard that in 1994 it was legal for individuals to have handguns, provided they had the necessary firearms certificate.

The law changed after the murder of schoolchildren and their teacher at Dunblane.

Ronald Withers, a former police officer who is now a forensic scientist specialising in ballistics, was asked if he had previously come across the type of Indian-made 9mm ammunition used in the shooting of Mr Mahmood. He replied: "Not that type."

Mr Withers said he had been involved in hundreds of cases during his 27 years as a policeman and as a forensic scientist.

Pistol owners

He said that the bullet which killed Mr Mahmood was intended for use with a sub-machine gun.

When asked what difference it would make if the bullet were fired from a pistol, he said: "The bullet would be more powerful. It would come out with a greater velocity."

Under cross-examination by Donald Findlay QC, defending, Mr Withers was asked how many legally owned pistols there were in Scotland in 1994. He replied: "There would be thousands of legal holders of pistols."

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

Racist abuse

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.