A former policeman yesterday denied orchestrating a cover-up to conceal his son's alleged involvement in the murder of a waiter on Orkney in 1994.

Edmund Ross, 57, who now works as an undertaker, was giving evidence for the second day running at the trial of his son, 29-year-old Michael Ross, who denies murdering Shamsuddin Mahmood on June 2, 1994 at the Mumutaz Indian Tandoori restaurant in Bridge Street, Kirkwall.

The High Court in Glasgow was told that the ex-constable was jailed for four years at the High Court in Inverness for attempting to pervert the course of justice. As a result he lost his career after 22 years in the police and spent two years in Porterfield prison, Inverness. He claims he was the victim of a miscarriage of justice.

Mr Ross told Donald Findlay, QC, defending, that he spoke to his sergeant after discovering a sealed box of 9mm military rounds of the same type as the bullet that killed Mr Mahmood in his ammunition box at home.

He had been given the rounds years before by a former Royal Marine, James Spence, who had stolen them. Mr Ross insisted that he got only one sealed box from Mr Spence and denied receiving a second, opened box with 10 or 12 in it, or asking Mr Spence to lie to the police.

He was asked by Mr Findlay: “Was the first thing you did to tell the police?” and replied: “Yes, sir.”

Mr Ross added: “I just told them I had a box of similar stuff in the house. I thought it would be a benefit to the inquiry.”

Mr Findlay added: “It is perfectly obvious the Crown are implying that you were covering up and you had other 9mm ammunition, but you went to the police and drew attention to the fact you had the ammunition?” and Mr Ross replied: “Yes, sir.”

Mr Findlay then asked: “If you had anything to hide why did you draw the police into it?” and Mr Ross said: “I didn't have anything to hide, sir.”

Mr Ross was then asked: “Wouldn't the first thing have been to see if Mr Spence remembered giving you the ammunition?” and he replied: “Yes, sir.”

The court was told that Mr Ross was prosecuted in the High Court in Inverness. Mr Findlay said: “It is obviously the case, if you are telling us the truth today, that you were, in 1997, the victim of a miscarriage of justice?” and Mr Ross replied: “I believe so, sir.”

Mr Ross then denied he had done anything to hide any member of his family's involvement in the fatal shooting in the Mumutaz restaurant.

His son, of Inverness, is accused of entering Mumutaz in Bridge Street, Kirkwall, on June 2, 1994 with his face masked and shooting Shamsuddin Mahmood, 26, in the head.

Ross, who was only 15 at the time of the alleged murder, has lodged a special defence of alibi, claiming that he was cycling in another part of Orkney.

The trial, before Lord Hardie, continues.

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