Orkney murder suspect 'had gun'

Shamsuddin Mahmood was shot in the head in June, 1994

A man accused of murdering a waiter in Orkney allegedly told his ex-girlfriend that he had a gun with him as they walked along a beach, a court heard.

Michael Ross, 29, denies murdering 26-year-old Shamsuddin Mahmood at a restaurant on the island in 1994.

Lynne-Marie Neil, 29, claimed Mr Ross told her he had a gun on Scapa beach, just weeks after the fatal shooting.

Mr Ross denies all the charges and has lodged a defence of alibi, claiming he was cycling in another part of Orkney.

Mr Mahmood was murdered in June 1994 at the Mumutaz Indian Tandoori restaurant in Kirkwall.

Mr Ross, from Inverness, is accused of entering the premises with his face masked and shooting Mr Mahmood in the head.

'Hid it'

The soldier, who was only 15 at the time of the waiter's death, has also been accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon.

Mrs Neil - who had been Mr Ross' girlfriend for more than three years - told the High Court in Glasgow: "He said his father was away on business.

"He had gone into his parents' bedroom and taken a key which opened his father's gun cabinet.

"He then took out a gun and hid it in his pocket."

When asked by prosecutor Brain McConnachie QC if she had ever seen a gun, she replied: "I can't remember."

The court heard that initally she gave police statements claiming she had not seen a gun, but at a subsequent police interview in 2007 she said she had seen the gun and described it as "an old-style revolver".

Mrs Neil was cross-examined by Donald Findlay QC

However, Mrs Neil said she had just skimmed the statement in 2007 before signing it because she was tired and worried about her two young children.

She was then cross-examined by defence QC Donald Findlay, and denied ever using the phrase "old-style revolver".

Mr Findlay said: "At the time of the incident on Scapa beach the police were crawling all over Orkney, were they not?"

Mrs Neil replied: "Yes."

The QC said: "One day when you were out with the dogs Michael said he had taken one of his father's guns and may have shown you it.

"What a stupid, daft idiotic thing to do."

"Yes," she said.

Mr Findlay added: "Michael never asked you to lie about it?"

"Never - he always told me to tell the truth," she replied.

Mr Ross is also charged with committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse.

The trial, before Lord Hardie, continues.