Officer 'told of murder bullets'

Waiter Shamsuddin Mahmood was shot dead 14 years ago

The police officer father of a man accused of murdering a waiter was told to speak to detectives investigating the shooting, a court has heard.

Soldier Michael Ross, 29, denies shooting Shamsuddin Mahmood, 26, in the Mumutaz restaurant in Orkney in 1994.

Insp John Smith said to his knowledge he had instructed Edmund Ross to tell the murder team about 9mm ammunition before his son was a suspect.

He was speaking as the defence case got under way at the High Court in Glasgow.

Insp Smith said that some weeks after the murder, Pc Edmund Ross approached him and spoke about 9mm ammunition.

Mr Smith, who was a sergeant in 1994, was asked by defence QC Donald Findlay: "Did you gather from what he said he was referring to 9mm cartridges that may be of interest to the Mumutaz shooting inquiry?"

Insp Smith replied: "Yes sir."

Not suspect

He added: "My advice to him was to inform the inquiry team of what he had found. It was more of an instruction that he must inform the inquiry team. He left my office. Where he went I don't know."

Earlier in the trial, Edmund Ross, 57, who is now an undertaker, told the court that he had found a sealed box of 9mm military cartridges of the same type that killed Mr Mahmood while checking through his ammunition box. The court was told he handed the box to the police.

Mr Findlay asked: "Should the ladies and gentlemen of the jury take it that before Michael Ross was ever a suspect in relation to the shooting in the Mumutaz, Eddie Ross came to you as his immediate supervisor and gave you some information about 9mm ammunition which would be of interest to the inquiry?"

Insp Smith replied: "To my knowledge Michael Ross wasn't a suspect at that point."

Edmund Ross was jailed for four years after being found guilty of attempting to pervert the course of justice, the court has heard.

He earlier claimed 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.

Face masked

He denied orchestrating a cover-up to conceal his son's alleged involvement in the murder.

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The prosecution has withdrawn two charges of breach of the peace.

He denies 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.