Report Summary
Issued 25 March 2024, this FOI response advises that information on the investigation into the murder of Shamsuddin Mahmood is not held by the Scottish Police Authority. Advice is provided that Police Scotland may hold information.
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Request
By way of background, I should state that my Freedom of Information request concerns the Northern Constabulary investigation into the murder of Shamsuddin Mahmood at the Mumutaz Indian Restaurant in Kirkwall on June 2, 1994, and a cold case review that was undertaken in 2006-7.
I'm aware of an FOI exemption regarding law enforcement activity, but since the case closed with the conviction of Michael Alexander Ross for the crime at the Glasgow High Court in 2008, I'm hoping the information I seek is available.
I am researching the case, as it is one about which concerns have been raised locally (in Orkney) and nationally for at least 20 years. Ross has always maintained his innocence and, for over ten years, the Justice 4 Michael Ross campaign group have been trying to prove their belief that the conviction is a miscarriage of justice.
In 2016, Orkney and Shetland's MP, Alistair Carmichael, said: "The verdict has been controversial within the local community in Orkney and I have been approached by a number of constituents over the years who have been concerned about it."
He added: "It is easy to be critical with hindsight, but I suspect that, given the opportunity to do things again, some aspects of the police investigation might be done differently."
In 2018, human right lawyer, Aamer Anwar, told The Scotsman: “I took on this case because after meeting Michael and examining the papers it became clear there were significant concerns with regards to the murder investigation as well as over his conviction.”
By way of the Freedom of Information (Scotland) Act 2002, I would prefer, if the cost exemption would allow, to ask for copies of all records held by the Scottish Policing Authority concerning the murder of Shamsuddin Mahmood.
However, if that request is deemed too large, can I ask that a breakdown be provided of the information you hold (i.e. number of productions, witness statements, investigation review reports, etc).
Can I also ask specifically for copies of any identikit E-FIT images made during the course of this investigation, as well as a brief description of the sighting the likeness refers to.
