ALISTAIR MUNRO and CAROLYN CHURCHILL

A soldier convicted of the murder of a waiter in Orkney 14 years ago is not expected to be cleared by the claims of a woman who alleges she was with him at the time of the crime.

Michael Ross, 30, was sentenced to spend at least 25 years in prison for the "vicious, evil and unprovoked" racist killing of Bangladeshi waiter Shamsuddin Mahmood in Kirkwall in 1994.

Amelia Swanney, 27, came forward last month and claimed she was with Ross in another part of Kirkwall when Mr Mahmood, 26, was shot.

However, after being interviewed extensively by detectives, a senior source close to the inquiry said her evidence would not help overrule the conviction of former soldier Ross - because she had the timing wrong.

The source said: "She gave a statement, but it is inconsistent with all the other witness statements. It does not compare with what other people she says she was with have said. It is clear that her timing of events is wrong.

"We are not of the mind to think her claims were malicious. It just so happens she got the wrong timing, which is no surprise given it was 14 years ago.

"She was probably with Ross at some point, but not at the crucial time of the murder."

The witness statement, taken during two days of interviews, will be considered by regional procurator-fiscal Andrew Laing, who yesterday said this would be shared with Ross's defence team. Ross's QC, Donald Findlay, has previously said his client planned to appeal against the conviction.

However, the senior source said: "The statement from Ms Swanney is not going to clear Ross. Her evidence is not enough to establish grounds for an appeal."

Ross, a former Black Watch sergeant, became the main suspect soon after the murder of Mr Mahmood at Mumutaz Indian restaurant in Kirkwall in June 1994.

However, it took until 2006 for a breakthrough in the inquiry, when a new witness came forward, saying he had seen Ross in public toilets in Kirkwall with a balaclava and a weapon on the night.

A jury found Ross guilty by a majority verdict in June. The court had earlier heard that around the time of the crime Ross had been heard to say: "Blacks should be shot and have a gun put to their head." Police later recovered a notebook belonging to Ross which contained a swastika and anti-English slogans.

Last month, Ross received another five years - to be served after his life term - for trying to escape from the High Court at Glasgow upon hearing the guilty verdict.

Ross had a stash of weapons, including a Scorpion machine pistol, hand grenade and 542 rounds of ammunition hidden in a hire car parked less than two miles from the court when he vaulted over the dock and raced through a side door.

After the conviction, Ms Swanney, an environmental consultant and school friend of Ross's, claimed she was with him in another part of town when Mr Mahmood was shot.

Ms Swanney, of Aberdeen, said a £100,000 reward offered for information was not her motive in coming forward. She added: "I have known the Rosses for a big part of my life. I wouldn't profit out of what they've gone through."

Northern Constabulary said: "Ross was convicted and the case is now closed."