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Published: 19 April 2024

FOI 2023/24-117 - Bullet casing recovered in Shamsuddin Mahmood case

Category: FOI

Report Summary

Issued 9 April 2024, this FOI response advises that the request exceeds the cost of compliance and advises on alternative sources that may hold information.

To access the full document please open the PDF document above.

To view as accessible content please use the sections below. (Note that some tables and appendixes are not available as accessible content).


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, Orkney, 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 like ask for the following information regarding the 9mm bullet casing recovered after the murder from the floor of the Mumutaz Indian Restaurant:
1. please provide a complete list of the dates when the casing was forensically tested, fingerprinted, or subject to any other kind of analysis or procedure known to the Scottish Policing Authority.
1.1. for each of the tests, please outline the results - including how many individual DNA or fingerprint samples were found.
1.2 for each of the tests, please indicate how many DNA or fingerprint samples were of sufficient quality to identify the person to whom they belonged.
1.3. for each of the tests, please indicate how many DNA profiles/sets of fingerprints were identified, if any.
1.4. for each of the tests, please explain what happened with the results of the test (i.e. were the results sent to the COPFS or to Northern Constabulary) and specifically who they were sent to.
2. please describe the bullet casing in exact detail, including any unusual markings, or signs of damage/contamination.
3. what was the labelling information for the bullet casing?
4. please provide a complete list of the records, reports, and documents held by the Scottish Policing Authority concerning this bullet casing (i.e. the number of reports and their purpose).
5. if the cost exemption allows, please provide copies of any and all records, reports, and documents held by the Scottish Policing Authority concerning this bullet casing.


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