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   Web Issue 3319 December 1 2008   
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Police officer at murder scene ‘was father of the accused’
ALISON CAMPSIEMay 13 2008

The father of a man accused of shooting a waiter in an Indian restaurant 14 years ago was a police constable at the scene, a court heard.

Michael Ross, 29, went on trial at the High Court in Glasgow yesterday accused of shooting 26-year-old Bangladeshi waiter Shamsuddin Mahmood in the restaurant on Orkney in June 1994.

A scenes of crime officer Ian Clingan gave evidence that Mr Ross's father, PC Eddie Ross, was one of the officers at the scene.

Earlier, the brother of a waiter, barrister Abul Shafuddin, 63, was asked by prosecutor Brian McConnachie QC: "Can you think why anyone would want to kill him?"

He replied: "No idea, no reason."

Mr Ross, of Inverness, is accused of entering the Mumutaz Indian Tandoori restaurant in Bridge Street, Kirkwall, with his face masked and shooting Shamsuddin Mahmood in the head.

Ross, who was only 15 at the time of the alleged murder, is also accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon, as well as two other breach of the peace offences.

He denies all 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.

Mr Shafuddin told the court that his brother had a girlfriend in Bangladesh whom he believed he wanted to marry.

He said his brother came to UK after "having a fight with friends in connection with this girl who was a medical student".

Mr Shafuddin speaking of his brother's death told Mr McConnachie: "It was a big shock for the family. We lost our brother and it took a long time to come to terms with it."

Under cross-examination by Mr Ross's QC Donald Findlay, Mr Shafuddin admitted telling police at the time that his brother had a girlfriend in Orkney, who was a local girl.

Mr Shafuddin told police he thought that this girl was someone of "easy virtue".

Mr Shafuddin initially said he had no direct contact with his brother while he was in Orkney, then changed his mind later in evidence and admitted he had seen his brother in England two to three months before his death.

The jury was shown a video Mr Clingan, a scenes of crime officer from Northern Constabulary, took of the crime scene including footage of a blanket in the middle of the floor and a bloodstained blue jacket, a shell casing and a small bullet hole in the wall of the restaurant surrounded by red spots.

Mr Clingan said the cartridge casing was not one he was familiar with, but was advised to ask one of the police constables outside, PC Eddie Ross.

The court heard, just before the case was adjourned until tomorrow, that PC Ross was the father of the accused.

Mr McConnachie asked Mr Clingan if PC Ross was of any help, to which he replied: "Yes."

The trial, before Lord Hardie, continues.


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