The Black Watch sergeant accused of murdering an Asian waiter in Orkney wept when a black soldier under his command died in Iraq, a court was told yesterday.

Lance Corporal Josefa Taroga told the High Court in Glasgow that Michael Ross hugged and comforted him when his cousin Peter Tukawaka was blown up by a roadside bomb near Falluja and died instantly.

Mr Taroga was giving evidence at the trial of Mr Ross, who denies murdering Shamsuddin Mahmood on June 2, 1994 at the Mumutaz Indian restaurant in Kirkwall. Mr Taroga, 29, who comes from Fiji and served alongside Mr Ross, told Donald Findlay, QC, for the defence: “I saw Michael the day after Peter was killed. He was in tears and hugged me. We are brothers in arms. I've always looked up to Michael, he's like a brother to me.”

Captain Alexander Ross, 31, also told the court that Mr Ross was one of the finest soldiers he had commanded.

Mr Ross, 29, of Inverness, is accused of entering the restaurant with his face masked and shooting Mr Mahmood, 26, in the head.

He is also accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon. Mr Ross, who was 15 at the time of the shooting, denies both charges.

The trial continues.