‘No explanation’ for loss of Mumutaz murder files

Dozens of files from the Mumutaz murder hunt have vanished, it has emerged.

Police Scotland has told The Orcadian that almost 60 documents from the investigation into the 1994 killing of Shamsuddin Mahmood have disappeared.

This could have “real ramifications” according to one MSP, who has criticised the lack of explanation as to how or why the evidence is missing.

The loss of evidence from the case has only come to light following a Freedom of Information (FOI) request by The Orcadian.

It was on the evening of June 2, 1994, that Mr Mahmood was shot and killed by a balaclava-wearing gunman, as he worked at the former Mumutaz Indian Restaurant in Kirkwall.

In 2008, Michael Ross, a teenager at the time of the murder, was convicted for the crime at the High Court in Glasgow. He maintains his innocence, and two appeal bids have failed.

The newspaper first learned that files had gone missing from the investigation, when we asked Police Scotland for a photofit from an unsolved lead in the case.

In 2023, The Orcadian made an FOI request for the photofit of a man who allegedly threatened to shoot Mr Mahmood, two days before the murder.

After an appeal to the FOI watchdog, the Scottish Information Commissioner, it emerged last year that the photofit had been lost.

Now, responding to a further FOI request, Police Scotland has revealed how many other records have gone missing.

The force has said that 489 miscellaneous records are recorded on its computer system for the case.

These include photographs, interview transcripts, correspondence with other police forces, fingerprint forms, among other types of information.

Police Scotland has now confirmed that 59 of these documents have been lost.

The force said it cannot provide details of each missing document, on the grounds that this would constitute personal data and sensitive information from the criminal investigation.

It was confirmed that five of the lost records concern media appeals from the 14-year Northern Constabulary probe.

In addition to documents, 12 exhibits — physical pieces of evidence — cannot be traced.

It was confirmed that none of the 2,700 witness statements from the inquiry have gone missing.

The latest disclosure from Police Scotland has prompted concern from Highlands and Islands MSP, Jamie Halcro Johnston.

He said: “The murder of Shamsuddin Mahmood in 1994 was a crime that deeply shocked the community across Orkney and gained national attention across the UK.

“After a long period of being rebuffed by Police Scotland, it is now apparent that dozens of documents and exhibits from the investigation have gone missing — with no explanation offered for their disappearance.

“That is deeply concerning — and, while considerable time has passed, this could have real ramifications given that the conviction remains contested.

“We know that policing across Scotland faces resourcing challenges, but people must have confidence that information provided to the police is being stored safely and securely.

“I commend The Orcadian for continuing to pursue this issue and, with the help of the Scottish Information Commissioner, bringing this situation to light.”