Key facts
- Michael Ross, convicted of the 1994 murder of Shamsuddin Mahmood, will have his conviction reviewed.
- Ross was 15 years old at the time of the murder and has always maintained his innocence.
- Mahmood was shot and killed in front of diners at an Indian restaurant in Kirkwall.
- Ross was convicted in 2008 after a new witness came forward 12 years after the crime.
- He was sentenced to life in prison with a minimum term of 25 years.
- A prior attempt by Ross to have his conviction reviewed in 2014 was unsuccessful.
A former soldier serving a life sentence for the 1994 murder of a waiter in Orkney is to have his conviction re-examined. Shamsuddin Mahmood, 26, was shot in the head at point-blank range while serving customers at the Mumutaz Indian restaurant in Kirkwall. Michael Ross, who was 15 at the time of the incident, was convicted in 2008 after joining the Army and training as a sniper. He has consistently maintained his innocence.
A previous attempt by Ross to have his case reviewed by the Scottish Criminal Cases Review Commission (SCCRC) in 2014 was rejected. However, the SCCRC has now accepted a new application from Ross for a review, which could lead to the case being referred back to the courts.
Mahmood, a university graduate from Bangladesh, was killed in front of diners, including children, by a masked gunman. Ross was initially the prime suspect, but insufficient evidence prevented charges at the time. He later joined the Black Watch and was decorated for his service in Iraq. The case was reopened after a new witness came forward 12 years after the murder, leading to Ross's trial and conviction at the High Court in Glasgow. He received a life sentence with a minimum of 25 years. Following his sentencing, Ross attempted an escape by knocking over a security guard and jumping from the dock, but was apprehended in a corridor.