Diner 'thought gun was a water pistol'

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A DINER told a court yesterday he thought a masked man who walked into a busy restaurant with a gun was carrying a water pistol.

Donald Glue, 54, said he assumed the man was going to spray waiter Shamsuddin Mahmood in the face.

The High Court in Glasgow heard, however, that seconds later Mr Mahmood – who was also known as Shamol – lay dying from a single gunshot.

Mr Glue was giving evidence at the trial of Michael Ross, who denies murdering the 26-year-old waiter at the Mumutaz Indian Tandoori restaurant in Kirkwall on 2 June, 1994.

Mr Glue told the prosecutor, Brian McConnachie, QC: "I thought it was some kind of joke – I thought it was going to be a water pistol to be sprayed on the waiter's face."

Mr Glue described the gunman as athletic and wearing a balaclava and sunglasses.

He said he and his half-brother, David Lowry, ran outside, but when the gunman turned around, they returned to the restaurant.

Mr Glue said he then found "the side of (Mr Mahmood's] face was gone and my daughter, Sarah, was covered in what had been his face".

The trial, before Lord Hardie, continues.