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Former soldier who shot Orkney waiter in head is to have murder conviction reviewed
The commission will review Ross’s conviction again after an earlier rejection, and it can send the case back to court if it finds a miscarriage of justice.
The Scottish Criminal Cases Review Commission confirmed it has accepted a new application from Michael Ross to re-examine his 2008 conviction for the 1994 murder of Shamsuddin Mahmood in Orkney.
Shamsuddin Mahmood, a 26-year-old Bangladeshi national, was shot dead at the Mumutaz Indian restaurant in Kirkwall in 1994. Ross, then a 15-year-old schoolboy, was convicted 12 years later after joining the Army.
Judge Lord Hardie sentenced Ross to life imprisonment with a minimum term of 25 years, describing the killing as a "vicious, evil, unprovoked murder of a defenceless man," motivated by "extreme racist prejudice."
The SCCRC has the power to investigate potential wrongful convictions and can refer cases back to the appeal court if it believes there may have been a miscarriage of justice.
Ross previously had his case rejected by the SCCRC in 2015, but a campaign group formed to overturn what members believe is a wrongful conviction, while documentaries on Amazon Prime and BBC Scotland kept public interest alive.