The conviction of a former soldier who shot a waiter in the head in Orkney in 1994 is to be re-examined. Michael Ross, who was 15 at the time of the killing, was found guilty of the murder of Shamsuddin Mahmood in 2008.
Murder at Mumtaz restaurant
Shamsuddin Mahmood, 26, a university graduate from Bangladesh, was shot at point-blank range as he served customers in the Mumtaz Indian restaurant in Kirkwall. A masked gunman walked in and opened fire in front of diners, including children.
Ross, then a schoolboy, was the prime suspect, but detectives from the Northern Constabulary were unable to find sufficient evidence at the time.
Army career and conviction
In the meantime, Ross joined the armed forces and became a Black Watch sniper, receiving a decoration after serving in Iraq. After 12 years, a new witness came forward, and Ross was convicted following a trial at the High Court in Glasgow in June 2008.
He was jailed for life with a minimum sentence of 25 years but has always maintained his innocence. As he was being led away to begin his sentence, Ross knocked over a security guard and jumped out of the dock, but was stopped in a court corridor after fleeing through a side door.
Review by SCCRC
In 2014, Ross attempted to have the case reviewed by the Scottish Criminal Cases Review Commission (SCCRC), but that was rejected. It is understood that the case will now be reviewed by the SCCRC following another application from Ross, according to BBC Scotland.
