Defence questions the use of 1994 police interviews during Michael Ross trial

Orkney man Michael Ross was kept handcuffed in a court dock today as he began a bid to quash his conviction for a murder committed more than 17 years ago.

Ross maintains he was denied a fair trial and is challenging the use of interviews he gave police, as a schoolboy, without legal representation.

He was found guilty of the murder of waiter Shamsuddin Mahmood, who was shot dead at the Mumutaz restaurant, in Kirkwall, in Orkney.

Defence counsel Margaret Scott QC said the Ross trial had taken place before a European ruling resulted in suspects having the right of access to a lawyer in police questioning.

“We are dealing here with a child who is interviewed in the police station, being treated as a suspect,” she said.

Miss Scott said that in such circumstances special measures were required and in particular “the right of access to a lawyer as required”.

Lawyers acting for Ross in the appeal are also expected to challenge a decision by the trial judge, Lord Hardie, over his decision to refuse to allow the defence to lead evidence from a psychologist during the proceedings.

Scotland’s senior judge, the Lord Justice General, Lord Hamilton, sitting with Lord Carloway and Lord Bonomy, are expected to give a ruling on the case at a later date.