Officer in murder trial gun claim

Shamsuddin Mahmood was shot dead with a single bullet

The police officer father of a murder accused told a friend to dispose of a gun following the shooting of a waiter, a court has been told.

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

Former police officer Angus Mackay told the High Court in Glasgow that he and fellow officer Edmund Ross had each been given an unregistered pistol.

Mr Ross later told him to dispose of his pistol, the court heard.

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

Mr Mackay said he and Edmund Ross were each given an unregistered pistol by Kirkwall firearms dealer Robert Hall sometime between 1989 and 1991.

He was inferring that the inquiry team was aware of the existence of this weapon Angus Mackay Witness

Mr Mackay, 47, who is now a sheriff's officer, told Brian McConnachie QC, prosecuting, that after the shooting of Mr Mahmood - who was known as Shamol - Mr Ross asked him if he remembered the weapon he got from Mr Hall.

He added: "He said 'You'd better get rid of it because there was a 9mm in the batch and they know about that'."

Mr Mackay told the jury that the meeting with Mr Ross took place outside Kirkwall police office sometime after the shooting.

By that time Mr Mackay had left the force and was working in security in Kirkwall.

Mr Mackay added: "He was inferring that the inquiry team was aware of the existence of this weapon."

Giving advice

He was asked by Mr McConnachie: "You received some other information and you decided to hand the gun in, is that correct?" and Mr Mackay replied: "Yes sir."

He told the court he received information from David Mathieson who was a serving police office on Orkney.

When cross-examined by Donald Findlay QC, defending, Mr Mackay was asked: "Eddie Ross, who was a police officer, came to you and said if you still had the illegal gun you'd better get rid of it. He was giving you advice, wasn't he? He was doing you a favour telling you to get rid of an illegal gun."

Mr Mackay replied: "I accept that yes."

Not capable

The court was told that neither of the pistols or the revolver was capable of firing 9mm bullets like the one that killed Mr Mahmood.

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