A JURY was yesterday told the murder of a waiter in an Orkney restaurant could not have been the work of a 15-year-old.
Michael Ross, 29, denies shooting Shamsuddin Mahmood, 26, 14 years ago.
In his closing speech, Donald Findlay, QC, defending, said:
"Somebody would have to be inherently bad to commit that crime at the age of 15 and you (the jury] are being asked to believe that (the accused did so] and just walked away. That seems so unlikely that it must at least make you pause."
The defence has now closed its case. The jury is expected to retire to consider its verdict today, when the trial resumes.
Ross, 29, a soldier, denies entering the Mumutaz restaurant in Kirkwall on 2 June, 1994, while wearing a mask and shooting the waiter. He faces two charges, the first of murder and a further one of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon, both of which he denies.
He has lodged a special defence of alibi, stating he was elsewhere on Orkney at the time of the murder.