Ex-policeman denies covering up son's alleged part in waiter's death

Published on Thursday 12 June 2008 22:04

A FORMER policeman yesterday denied orchestrating a cover-up to conceal his son's alleged involvement in the murder of a waiter on Orkney.

Edmund Ross, 57, who now works as an undertaker, was giving evidence at the trial of his son Michael Ross, 29, who denies murdering Shamsuddin Mahmood on 2 June, 1994 at the Mumutaz Indian Tandoori restaurant in Kirkwall.

The High Court in Glasgow heard Mr Ross was jailed for four years for attempting to pervert the course of justice.

Mr Ross told Donald Findlay, QC, defending, that after discovering a sealed box of 9mm military cartridges, of the same type as the bullet which killed Mr Mahmood, in his ammunition box at home he informed his sergeant.

The court heard that he was given the 9mm military cartridges years before by James Spence, an ex-marine who had stolen them.

Mr Ross, who also has two minor traffic convictions, insisted he received only one sealed box. He denied ever receiving an additional opened box containing ten or 12 of the 9mm cartridges from Mr Spence. He also denied asking Mr Spence to lie to the police about the ammunition.

He was asked by Mr Findlay: "Was the first thing you did tell the police?" and he replied: "Yes, sir."

Mr Ross added: "I just told them I had a box of similar stuff in the house. I thought it would be a benefit to the inquiry."

Mr Findlay asked Mr Ross: "Following on from that, you ended up being prosecuted?

"Yes," Mr Ross replied.

"You lost your career," Mr Findlay continued.

"I did," the witness said.

Mr Findlay added: "It is perfectly obvious the Crown are implying that you were covering up and you had other 9mm ammunition, but you went to the police and drew attention to the fact you had the ammunition?" and Mr Ross replied: "Yes, sir."

Mr Findlay then asked: "If you had anything to hide, why did you draw the police into it?" and Mr Ross said: "I didn't have anything to hide, sir."

Mr Ross was then asked: "Wouldn't the first thing have been to see if Mr Spence remembered giving you the ammunition?" and he replied: "Yes, sir."

He was convicted at the High Court in Inverness in 1997 for the deceit and served two years of his sentence. The conviction also ended his 22-year career with the police force.

Mr Findlay said: "It is obviously the case, if you are telling us the truth today, that you were in 1997 the victim of a miscarriage of justice?" and Mr Ross replied: "I believe so, sir."

Mr Ross also denied he had done anything to hide any member of his family's involvement in the fatal shooting in the Mumataz restaurant.

Mr Ross was giving evidence for the second day. On Wednesday, he told the court how he gave his son a deactivated sub-machine gun as a present.

He also said he had guns and ammunition locked in secure cabinets in their attic.

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

Ross, who was only 15 at the time of the alleged murder, has lodged a special defence of alibi claiming he was nowhere near the Indian restaurant or Kirkwall town centre, but was cycling in another part of Orkney.

The trial, before Lord Hardie, continues.