An Iraq war hero's attempt to overturn his conviction for a racist murder in an Orkney restaurant was postponed because of a mix-up over judges.

Michael Ross, 32, sat handcuffed in the Court of Criminal Appeal in Edinburgh - in front of a judge who had jailed his dad.
Lord MacLean sentenced Eddie Ross to four years in prison for attempting to pervert the course of justice in the aftermath of the shooting of waiter Shamsuddin Mahmood in June 1994.

Firearms expert Ross senior - a police officer at the time - had lied about the possession of ammunition which matched that used in the Mumutaz Restaurant.

Chris Shead, counsel for Ross, said today that he did not object to Lord MacLean being one of the appeal judges.
But Lord Justice Clerk, Lord Gill, ruled: "We consider it for the best that the case should be heard by a differently constituted court."

No date has been fixed for a new hearing.

Background

Two years ago, former Black Watch sergeant and expert sniper Ross' conviction at the High Court in Glasgow was followed by a dramatic escape bid. Ross leapt from the dock and bolted through a side door before being wrestled to the ground.

Later a getaway car stocked with weapons was found parked near the court. A trial heard that Ross was only 15 when he burst into the restaurant and blasted Bangladeshi Mr Mahmood, 26, in front of shocked diners. It was Orkney's first murder in 25 years.

Ross fled, ditching the murder weapon and changing his clothes, the jury were told. They also heard that young Ross was a racist, driven to murder one of the islands' few Asian residents.

Advocate depute Brian McConnachie QC, prosecuting, condemned the shooting as "savage, merciless and pointless."
But the court also heard that in the intervening 14 years Ross had joined the Army and had been decorated for outstanding service in Iraq.

Judge Lord Hardie jailed Ross for life, ordering that he should serve at least 25 years before he could apply for parole.
Now much of Ross' appeal rests on criticisms of the way Lord Hardie conducted the trial and remarks he made to the jury during its closing stages.

Ross is also contesting the 25 year minimum sentence.