Father denies 'murder cover-up'

Mr Ross told the court he had been wrongly jailed for four years

A former police officer has denied orchestrating a cover-up to conceal his son's alleged involvement in the murder of a waiter on Orkney in 1994.

Soldier Michael Ross, 29, denies shooting Shamsuddin Mahmood, 26, in a restaurant in Kirkwall.

Edmund Ross told the High Court in Glasgow he was jailed for four years after being found guilty of attempting to pervert the course of justice.

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

Edmund Ross, 57, who now works as an undertaker, claims he was the victim of a miscarriage of justice and told how he lost his police career after 22 years in the force and spent two years behind bars.

It is perfectly obvious the Crown are implying that you were covering up Donald Findlay QC Defence counsel

He told Donald Findlay QC, defending, that after discovering a sealed box of 9mm military cartridges of the same type as the bullet which killed Mr Mahmood in his ammunition box at home he spoke to his sergeant.

The court heard that he was given the 9mm military cartridges years before by ex-Marine James Spence who had stolen them.

Mr Ross insisted he only got one sealed box and denied ever receiving an additional opened box with 10 or 12 9mm cartridges in it from Mr Spence, or asking Mr Spence to lie to the police.

Mr Findlay asked: "Was the first thing you did to tell the police?"

He replied: "Yes, sir."

Nothing to hide

Mr Ross added: "I just told them I had a box of similar stuff in the house. I thought it would be a benefit to the inquiry."

Mr Findlay said: "It is perfectly obvious the Crown are implying that you were covering up and you had other 9mm ammunition, but you went to the police and drew attention to the fact you had the ammunition?"

Mr Ross replied: "Yes, sir."

Mr Findlay then asked: "If you had anything to hide why did you draw the police into it?"

Waiter Shamsuddin Mahmood was shot in 1994

Mr Ross said: "I didn't have anything to hide, sir."

Mr Findlay said: "It is obviously the case, if you are telling us the truth today, that you were in 1997 the victim of a miscarriage of justice?"

Mr Ross replied: "I believe so, sir."

Michael Ross is accused of entering the restaurant with his face masked and shooting Mr Mahmood in the head.

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

The prosecution ended their case by withdrawing two charges of breach of the peace.

The defence case will get under way on Friday.

He denies all the 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, before Lord Hardie, continues.