Judge Blames Dead Gunman as 3 Jailed Over Nightclub Shooting

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Two members of London’s notorious 67 gang have been convicted in connection with a shooting after a trial that heard the actual gunman had since died.

LONDON—Two members of one of London’s most notorious gangs have been jailed after shooting a rival in a nightclub, but the gunman was not in the dock, having since died.

But Judge Simon Mayo, KC, said he had no doubt the deceased gunman—who cannot be named for legal reasons—was guilty and played the “leading role” on the night of the shooting.

A trial at the Old Bailey, which ended in February, heard the background to the shooting was a long-running feud between the “67 gang” from Brixton Hill and their rivals, the “17 gang” from the Wandsworth Road area of south London.

Prosecutor Karim Khalil, KC, told the jury Brandon Malutshi, who was affiliated with the 17 gang, was shot and wounded at the Oval Space nightclub in Hackney, east London, on the night of August 29 and early hours of Aug. 30, 2022.

The handgun used in the attack has never been located.

Shemiah Bell, 31, and Marcus Pottinger, 31, were jailed for ten years and nine years respectively, after being convicted of wounding with intent to cause grievous bodily harm, and possession of a firearm with intent to cause fear of violence.

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Connel Bamgboye, 29, was jailed for five years and six months after being found guilty of possession of a firearm with intent to cause fear of violence.

All three were acquitted of attempted murder.

On Friday, Mr. Khalil said, “Between these defendants, they smuggled a firearm into the Oval Space. It passed between them before being used by the absent and deceased [name omitted for legal reasons].”

He said, “The Crown has maintained from the outset that it was gang-related and Mr. Malutshi was a member of a known opposing gang.”

Judge Mayo said the jury had seen through Bell’s evidence—that he did not know there was a gun in a manbag when he gave it to the gunman just before the shooting—for “the lie that it was.”

The judge told Bell, “You told the woman who drew up the pre-sentence report that you now admit giving [name omitted for legal reasons] a weapon but didn’t know it was a gun. I’m sure you did.”

Mr. Khalil said after being treated in hospital for his wounds, Mr. Malutshi discharged himself and has not co-operated with the police or the prosecution.

Victim’s Silence Due to ‘Gang Culture’

He said this unwillingness to assist the police was a common feature of “gang culture” where witnesses often refuse to co-operate unless “compelled.”

Six men went on trial, accused of taking part in a joint enterprise with the gunman, who died shortly after the shooting at the Oval Space.

At the start of the trial, Mr. Khalil told the jury, “[The gunman] pulled a handgun out of a bag which had been smuggled into the club by other defendants. He shot at Brandon Malutshi. [He] shot him in the upper part of his left leg. The bullet went straight through his leg.”

The victim ran from the club, chased by the gunman and Bell.

Mr. Malutshi was shot at several times, but only one bullet struck him, passing through his right leg.

He collapsed, and passers-by rang 999, and paramedics arrived to stabilise his condition.

Mr. Khalil said the victim was taken to hospital but discharged himself later on Aug. 30, against the advice of doctors.

During the trial, the jury was told the gunman was affiliated with the so-called 67 gang along with Bell, a convicted drug dealer.

Judge Mayo directed the jury the gunman had intended to kill but on Friday Paul Mendelle, KC, counsel for Bell, disputed that and insisted it was not possible to prove what the dead man intended.