Orkney racist killer 'did not suffer miscarriage of justice'

STV
Michael Ross: Claims his trial was unfair.© STV

Prosecutors have insisted that Orkney killer Michael Ross was not a victim of a miscarriage of justice and called on judges to refuse his appeal conviction appeal.

Former Black Watch sniper Ross was ordered to spend at least 25 years in jail after he was found guilty of shooting Shamsuddin Mahmood in the head in Kirkwall.

He was only 15 when he opened fire at the Mumutaz restaurant in Bridge Street, Kirkwall.

The trial judge, Lord Hardie, branded the killing "a vicious, evil, unprovoked murder of a defenceless man".

The 33-year-old has appealed against his conviction, arguing that he suffered a miscarriage of justice because of mistakes made by Lord Hardie.

Ross, a decorated Army veteran, argues that the judge should not have permitted the use of police interviews, carried out without legal representation, but should have allowed the defence lawyers to lead evidence from a psychologist.

Advocate depute Lesley Shand told judges at Court of Criminal Appeal that Ross' lawyers had failed to demonstrate any miscarriage of justice.

She told the court that Ross was not a suspect during initial interviews with police and even without relying on what Ross told police during questioning, the jury would have come out with the same verdict.

Defence counsel Margaret Scott QC said Ross' human rights had been breached because he was given "inadequate protection" while he was interviewed.

The appeal judges, the Lord Justice General Lord Hamilton, sitting with Lord Carloway and Lord Bonomy, have reserved their decision on the appeal for a later date.

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