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Anand Beharrylal appears in high profile successful murder defence at the Old Bailey

The prosecution alleged that members of a gang known as the OC were involved in a revenge shooting against members of a rival gang in South London. On 6th August 2008 a member of the OC gang was shot in the legs at about 4.30pm. His injuries though serious were not life threatening. In response it was said that the OC gang organised a revenge shooting against those thought responsible. At about 9.30pm the same day it was said that five members of the OC gang rode mopeds and opened fire on their targets when driving by a shop in Camberwell. One person was shot and killed. Sadly this person was in fact an innocent victim who had only attended the shop to buy milk. A number of young men were arrested and put on trial for the killing.

The prosecution relied heavily on mobile telephone records and cell site evidence, as well as the general background of gang culture and relationships. The assertion made was that the combination of this evidence raised a prima facie case of murder for the jury to consider. The defence submitted on behalf of four of the defendants that the state of the evidence was insufficient to support a murder charge and that it should be withdrawn from the jury. On behalf of the first defendant it was submitted that there was no evidence of presence or participation as one of the five on mopeds, no forensic evidence linking him to the shooting and that the cell site evidence (based on an inexact science) was insufficient to infer these things as he made no phone calls.

After careful consideration the judge agreed with the defence and found that there was no case to answer. He adjourned proceedings to another day for formal not guilty verdicts to be entered.

Media Reports

• BBC News, 20 November 2010

29 December 2010

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