The loss of dozens of files from a controversial 1994 murder investigation in the Orkneys has been described by the Scotland’s freedom of information watchdog as ‘shocking’. In 2008, Michael Ross, a teenager at the time of the murder, was convicted for the killing of Shamsuddin Mahmood in Glasgow at the High Court. Ross has maintained his innocence and, so far, there have been two failed appeals.
The case is known locally as the Mumutaz murders – Mr. Mahmoud was killed at the Mumutaz Indian restaurant in Kirkwall by a balaclava-wearing gunman. ‘It’s a deeply troubling case, starting with a cold-blooded and brutal killing,’ Ethan Flett, a reporter with The Orcadian, told the Justice Gap. The police originally suspected the killing to have been a professional execution. ‘So it’s all the more strange that a man was then convicted of committing the crime when he was aged 15 years, while on exam leave from secondary school,’ Flett says.
According to the reporter, there was ‘no forensic evidence, or any sightings by credible witnesses to place Ross near the scene of the crime’. ‘On the other hand,’ he says, ‘his alibi for the time of the murder doesn’t add up, and his dad had bullets the same kind as those used by the gunman.’ Michael Ross’s attempts at an appeal have been rejected but, according to Ethan Flett, there are still ‘a huge number of unanswered questions about the handling of the case’.
The Orcadian first reported that files had gone missing from the investigation when the newspaper asked Police Scotland for a photo fit from an unsolved lead in the case. ‘There are also a number of unsolved leads in the police investigation,’ Flett explained. ‘One of the first stories I did was about an alleged threat to shoot Mr Mahmood two days before the murder. This was said to have been solved during the police investigation, but a later review found that it hadn’t been — an odd situation, to say the least. When I wrote a story about this in 2023, I asked Police Scotland for the photofit that was made – but never released – of the man who was accused of threatening Mr Mahmood.’
In 2023 the newspaper made a FOI request for the photofit. After an appeal to the Scottish Information Commissioner, it was revealed that the it had been lost. Flett put another FOI request who responded in February confirming that the problem was much more widespread. The response has been shared with the Justice Gap. There are 489 records listed on its computer system for the case, including photographs, interview transcripts and correspondence with other police forces, fingerprint forms, etc. The force has confirmed 59 of these have been lost plus 12 exhibits. ‘Based on what they’ve told me, they don’t seem to have any idea why the evidence has gone missing,’ Flett commented. ‘Who knows what impact this could have on future proceedings or investigations?’
The Scottish information commissioner, David Hamilton told The Orcadian that he was ‘astonished’ at the force’s ‘casual attitude’ when he investigated in 2025. ‘To learn that it has identified 70 further items relating to this case as apparently missing is frankly quite shocking – and indicative of a much more serious problem than first appeared,’ he said.
The Highlands and islands MSP Jamie Halcro Johnson described the killing of Shamsuddin Mahmood as a crime that ‘deeply shocked the community across the Orkneys and gained national attention across the UK’. He said the loss of documents was ‘deeply concerning and could have real ramifications given that the conviction remains contested’. He commended The Orcadian for its commitment to pursuing the issue.
Police Scotland was asked to comment by the JG for this article – but declined.
