Waiter's murder jurors sent home

Shamsuddin Mahmood was killed by a single gunshot

The jury in the trial of a soldier charged with murdering a waiter in Orkney 14 years ago has been sent home for the night.

Michael Ross, 29, denies shooting Shamsuddin Mahmood, 26, dead in Kirkwall in 1994 when he was aged 15.

The Crown claims the circumstantial evidence proves his guilt but the defence asked whether a boy of 15 could have committed the crime.

The jury at the High Court in Glasgow will resume deliberations on Friday.

If you are not satisfied that 15-year-old Michael Ross murdered Mr Mahmood you must acquit Lord Hardie to jurors

Trial judge Lord Hardie told the jury of 10 women and five men: "You are not entitled to indulge in speculation or indulge in emotion. Judges are not allowed to have feelings and you are 15 judges.

"You are not here to act as investigators. You have to evaluate the evidence you have heard. You must approach your task calmly and carefully."

He explained: "There is sufficient circumstantial evidence, assuming you choose to accept it."

But Lord Hardie added: "If you are not satisfied that 15-year-old Michael Ross murdered Mr Mahmood you must acquit."

The judge also told the jury that they must put aside any feelings of sympathy they may have for either Mr Ross, now of Inverness, and his family, or Mr Mahmood and his family.

'Savage' crime

The shooting had all the hallmarks of a professional hit, the murder trial jury was told during the earlier closing speeches.

Defence counsel Donald Findlay QC told the jury: "You are supposed to believe someone at 15 would have the nerves, the guts, to walk in and execute another human being."

Advocate depute Brian McConnachie QC said the prosecution evidence against Mr Ross was circumstantial but enough to convict.

He said it was "savage and pointless" and "a cold-blooded assassination".

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

Mr Ross 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.