Soldier pleads not guilty to murder charge
(Story dated: Friday, March 14, 2008)

A serving soldier has today denied murdering a waiter in an Indian restaurant in Orkney 13 years ago.

Michael Ross, 29, of Inverness, is accused of entering the Mumutaz Indian Tandoori restaurant in Bridge Street, Kirkwall, on June 2, 1994 with his face masked and shooting 26-year-old Shamsudden 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.

He is further charged with, while acting with others whose identities are unknown, committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse.

The offence was allegedly committed between May 3 and May 24, 1994.

Ross is also accused of on May 19, 1994, in Papdale Woods, Kirkwall, with his face masked crouched behind a wall and trees and committed a breach of the peace.

Today, at the High Court in Glasgow, his defence counsel Donald Findlay QC lodged a plea of not guilty to the all charges Ross faces.

He told judge Lord Hardie: "The man I represent is a serving soldier."

Brian McConnachie QC, prosecuting, said: "This is a case which dates from 1994 and there are a significant number of civilian witnesses. The trial will be conducted by myself."

It is believed that 42 prosecution witnesses will be called during the five-week trial which is expected to start in May.

Mr Mahmood's death sparked Orkney's first murder investigation in a quarter of a century.

Inquiries were carried out at every address in Kirkwall and stretched to the Bangladeshi communities in London and Southampton.