Man on trial over murder of Aberdeen Restaurant owner 40 years ago

A man who is accused of murdering a restaurant owner almost 40 years ago was "arrested" as he attempted to board a Pakistan bound flight, a court has heard.

Riasat Khan,63, was detained at Birmingham Airport in May 2016 by police who stopped him from boarding a plane which was heading to Islamabad.

The High Court in Edinburgh heard that West Midlands Police Constable Robert Watton was executing a warrant on Mr Khan which had been granted by a Scottish sheriff in October 1978.

The procurator fiscal in Aberdeen obtained the legal order just days after the death of businessman Kazi Ahmad at a flat in the city's Rosemount Viaduct.

At the time of his death, Mr Ahmad was one of four partners in the Raj Dulal Restaurant which was located in Dee Street, Aberdeen.

He was described in a legal statement read to a jury on Wednesday afternoon as being a gambler who regularly used bookmakers and a casino in Aberdeen.

One witness told police investigating the restauranteur's death that he was a "big punter" who carried large sums of money.

Mr Khan was an employee at the restaurant and detectives investigating Mr Ahmad's death wanted to apprehend him. He wasn't transferred into Police Scotland custody until May 2016.

The evidence, which has been agreed between prosecutors and defence lawyers, emerged on the first day of proceedings against Mr Khan.

Jurors were read a joint minute - a statement of evidence which has been agreed by both prosecution and defence lawyers as being proven.

Mr Khan, of Cardiff denies charges of theft and murdering Mr Ahmad on October 13 1978.

His lawyers have lodged a special defence in which their client claims he "acted in self defence" at the time of the alleged crime. The defence states that the accused acted in self defence as the deceased had first "attacked" him.

On Wednesday, prosecution lawyer Jane Farquharson read to jurors a statement of agreed evidence.

In the statement which was read, Ms Farquharson said that before he died Mr Ahmad lived in the Rosemount Viaduct flat with Mr Khan and other restaurant staff members.

The jurors were also told that a post mortem carried out of Mr Ahmad on Sunday October 15 1978 finished with doctors concluding that the alleged victim died from stab wounds to the neck and chest. His right lung had also been punctured in two places.

Police investigating Mr Ahmad's death then made enquiries about Mr Ahmad's habits.

Ms Farquharson told jurors: "Peter Crawford - who is now deceased - was a croupier at the Regency Casino in Summer Street, Aberdeen.

"He confirmed that the deceased Mr Ahmad was a heavy gambler who frequented the casino most nights and was always in possession of large amounts of money, frequently changing £100 notes.

"He described last seeing the deceased Mr Ahmad at about 4am on Thursday 12 or Friday October 13 1978 walking away from the casino.

"Forbes Benzies - who is now deceased - was a security officer at the Regency Casino in Summer Street, Aberdeen.

"He confirmed that he knew the deceased Mr Ahmad, who he described as a 'big punter in possession of large sums of money.'

"He described last seeing the deceased at about 0410 hours on Friday October 13 1978 leaving the premises."

The statement read to jurors also contained information that betting slips were recovered from a branch of William Hill bookmakers in West Maitland Street in Edinburgh.

The bookies was located approximately 75 yards from the Scottish capital's Haymarket railway station.

Prosecutors obtained a betting slip from the bookies' which had been placed there on Friday October 13 1978 at 3.40pm. The slip read "£200 to win".

Another slip which had also been placed on Friday October 13 1978 marked £300 to win was recovered from the same branch.

Prosecutors also managed to obtain another betting slip from the same branch on the same date which had been placed at 3.43pm. It read "£400 to win".

In May 2016, the statement said prosecutors obtained a fingerprint and a palm print impressions from Mr Khan.

Fingerprint examiners concluded that a print which had been left on one of the slips had been "deposited" there by Mr Khan.

Ms Farquharson added: "That Crown witness number 29 Grant MacGregor and Crown witness number 30 Gail Fraser, Fingerprint examiners analysed, compared, evaluated and verified the fingerprint impression found on Crown production number 66 a betting slip.

"Said fingerprint impression was deposited by the left thumb of the accused Riasat Khan."

Ms Farquharson also told jurors about the circumstances surrounding Mr Khan's detention at Birmingham Airport.

Ms Farquharson added: "On October 16 1978, a petition warrant was granted by a sheriff upon an application made by the procurator fiscal authorising police to search for and apprehend the accused Riasat Khan.

"That said petition warrant was executed by Crown witness number 23 Police Constable Robert Watton of the West Midlands Police attached to the A unit based at Birmingham Airport.

"At 1850 hours on Saturday May 7 2016, the accused was arrested as he attempted to board an international flight bound for Islamabad, Pakistan.

"He was cautioned and made no reply.

"The accused was judicially examined at Aberdeen Sheriff Court on Monday May 9 2016.

"Crown production number one is an accurate transcript of the questions asked and answers given during said process.

"He was given the opportunity to state a defence, specifically incrimination or self defence but indicated 'on the advice of my solicitor, I will not answer that question please.'"

Prosecutors claim that on October 12 or 13 1978, at the premises of the Raj Dulal Restaurant at 11 Dee Street, Aberdeen, Mr Khan stole a kitchen knife.

The Crown also claims that on October 13 1978, in the flat at 54 Rosemount Viaduct, Aberdeen, Mr Khan assaulted Mr Ahmad and tied his wrists behind his back.

Mr Khan then allegedly covered Mr Ahmad's head with an "item of clothing", strike him repeatedly on the neck and body with a knife and that he murdered him and robbed him of a sum of money.

Mr Khan, who is represented by advocate Gary Allan QC, has pleaded not guilty to the charges. Mr Allan has lodged a special defence of self defence on behalf of his client.

The trial, which is being heard before judge Lord Beckett and a jury of eight women and seven men, continues on Thursday.