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| 'Bangs and rustling' after shot | 'Bangs and rustling' after shot |
| (10 minutes later) | |
| A man has told a murder trial how he heard banging and rustling coming from a toilet cubicle shortly after a waiter was shot in a nearby restaurant. | A man has told a murder trial how he heard banging and rustling coming from a toilet cubicle shortly after a waiter was shot in a nearby restaurant. |
| Michael Ross, 29, denies murdering 26-year-old Shamsuddin Mahmood at the Mumutaz restaurant on Orkney in 1994. | Michael Ross, 29, denies murdering 26-year-old Shamsuddin Mahmood at the Mumutaz restaurant on Orkney in 1994. |
| John Rendall told the High Court in Glasgow that when he heard about the murder the next day he suspected the noises could be linked. | John Rendall told the High Court in Glasgow that when he heard about the murder the next day he suspected the noises could be linked. |
| Mr Ross, of Inverness, was 15 at the time of the waiter's death in Kirkwall. | Mr Ross, of Inverness, was 15 at the time of the waiter's death in Kirkwall. |
| Mr Rendall, 74, said he went into the public toilet and heard an unusual noise coming from one of the cubicles. | Mr Rendall, 74, said he went into the public toilet and heard an unusual noise coming from one of the cubicles. |
| "There was a lot of rustling of paper or clothes, banging as though moving about touching the sides," he said. | "There was a lot of rustling of paper or clothes, banging as though moving about touching the sides," he said. |
| "Not the sort of noise you would generally expect to be coming from a toilet." | "Not the sort of noise you would generally expect to be coming from a toilet." |
| Mr Rendall said he had been curious to see who had been making the noise. | Mr Rendall said he had been curious to see who had been making the noise. |
| Not identified | Not identified |
| He left the toilet and crossed the road, but when he turned around the man had been walking away down the street. | He left the toilet and crossed the road, but when he turned around the man had been walking away down the street. |
| The pensioner told the court that after hearing the next morning that there had been a murder, he told his wife that the killer had probably been the person he heard in the toilet. | The pensioner told the court that after hearing the next morning that there had been a murder, he told his wife that the killer had probably been the person he heard in the toilet. |
| The court was told that he went to police posted outside the restaurant and told them what he had heard. | The court was told that he went to police posted outside the restaurant and told them what he had heard. |
| Earlier, Sarah Richards, 32, told how she caught a glimpse of a man - who she thought was aged about 30 - running from a lane but was unable to identify the man at an identity parade. | Earlier, Sarah Richards, 32, told how she caught a glimpse of a man - who she thought was aged about 30 - running from a lane but was unable to identify the man at an identity parade. |
| Mr Ross is also accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon. | Mr Ross is also accused of attempting to defeat the ends of justice by changing his clothing and disposing of the weapon. |
| Violent threats | Violent threats |
| He is further charged with, while acting with others whose identities are unknown, committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse. | He is further charged with, while acting with others whose identities are unknown, committing a breach of the peace outside the Indian restaurant by shouting, swearing, uttering threats of violence and racist abuse. |
| The offence was allegedly committed between 3 May and 24 May, 1994. | The offence was allegedly committed between 3 May and 24 May, 1994. |
| Mr Ross is also accused of committing a breach of the peace on 19 May that year in Papdale Woods, Kirkwall. | Mr Ross is also accused of committing a breach of the peace on 19 May that year in Papdale Woods, Kirkwall. |
| He denies all charges and has lodged a special defence of alibi claiming he was nowhere near the Indian restaurant or Kirkwall town centre, but was cycling in another part of Orkney. | He denies all charges and has lodged a special defence of alibi claiming he was nowhere near the Indian restaurant or Kirkwall town centre, but was cycling in another part of Orkney. |
| The trial continues. | The trial continues. |