Murder sentence delay criticised

Michael Ross was found guilty of Shamsuddin Mahmood's murder

A leading QC has criticised the delay in sentencing a man found guilty of killing a waiter in Orkney in 1994.

Donald Findlay QC, who was defence counsel during the trial, said Michael Ross was under a "considerable burden" because of the hold-up.

Sentencing has been postponed due to the illness of trial judge Lord Hardie.

The judge is expected to impose a life sentence on Ross, who was just 15 when he walked into the Mumutaz Indian restaurant and shot Shamsuddin Mahmood.

Lord Hardie underwent a minor heart operation while on holiday in Italy this summer.

'Significant sentence'

Mr Findlay said: "I have every sympathy for the trial judge and wish him nothing but well for his recovery.

"However, this is placing a considerable burden on Mr Ross and an intolerable burden on his family.

"They realise a significant sentence is going to follow, but both he and they must know what is required in terms of that sentence."

He added that he would do what he could to ensure another judge would sentence Ross if Lord Hardie was still unwell at the next hearing.

During the brief hearing, judge Mark Stewart QC deferred sentence on Ross until October.

He said: "The delay is outwith the control of anyone."

Shamsuddin Mahmood was a waiter in Kirkwall's Mumutaz restaurant

Mr Mahmood, born in Bangladesh, was shot in the head in Kirkwall's Mumutaz restaurant in full view of a room of diners by a masked gunman in June 1994.

Ross, now 29, from Inverness, was the main suspect just months after the murder but police did not have enough evidence to charge him.

The major breakthrough came 12 years later when new witness William Grant came forward. He claimed he had seen the killer on the night of the shooting.

Ross, a Black Watch sniper, had denied shooting Mr Mahmood. The court heard that Ross had later been praised for his bravery while serving in Iraq.

He was convicted at the High Court in Glasgow on 20 June after a six-week trial.