Gunman filmed firing live rounds into flat window amid gang war jailed

A gunman who was filmed firing live rounds into a home amid a gangland war being waged across Scotland has been jailed for nine years.

Nicky Robertson discharged three shots from a Glock handgun into the window of a property in Edinburgh in an early morning shooting on March 20 last year.

The 39-year-old, who was previously jailed for nine years for an attempted murder with a sawn-off shotgun, was told by a judge that his crimes in his latest offending were “matters of very real public concern”.

Robertson admitted culpably and recklessly firing three rounds of live ammunition through a ground-floor window when he appeared at the High Court in Edinburgh.

Gunman filmed firing rounds into house on Niddrie Marischal Crescent COPFS

Sentencing

Passing sentence on Wednesday, Lord Weir said: “It is a matter of significant concern that, notwithstanding the High Court conviction for attempted murder with a shotgun committed when you are around 21 years old and the period you have spent in custody thereafter, you a 39-year-old are back in the same court this time on a charge of repeatedly discharging a gun in public.

“I note that you have other recent solemn convictions on your record and whatever may have been your motivation and the one proffered on your behalf does you little credit, the use of a firearm on the public streets in this way was brazen and intolerable.

“The court must do what it can to deter you and others from such dangerous and unlawful methods of dispute.”

He also pled guilty to three Firearms Act offences, including illegal possession of the Glock and ammunition between February 24 and April 14 this year at addresses in South Queensferry, near Edinburgh.

Robertson was sentenced to nine years in custody and a further three years on licence.

Loud bangs heard on street

Advocate depute John Keenan KC told the court: “The police investigation in this case forms part of the wider police operation in relation to a recently reported outbreak of violence in Edinburgh.”

The prosecutor said that in the early hours of March 20, a neighbour heard three loud bangs in the street and made a 999 call.

He said: “Police attended and saw three circular holes in the ground-floor window of [a property]. They also recovered three gold coloured bullet casings on the road outside.”

“They entered the property, which was unlocked, but found it empty. They saw bullet holes in the living room wall and kitchen door,” he said.

Mr Keenan said the address was occupied by a male. Contact was made with the occupier, and he attended a police station.

He confirmed that he was at home alone when the shooting occurred, and his children were elsewhere at the time.

Mr Keenan said: “He allowed the police to search his house, but would provide no further information.”

The prosecutor said: “In the days after the incident, a video was circulated on social media showing a male wearing dark clothing running towards the locus and firing three shots with a handgun.”

CCTV footage

Footage of the shooting was shown to the court.

He said CCTV footage that was recovered showed a white BMW 1 Series car turning into the cul-de-sac before an individual emerged from the passenger side and ran towards the scene of the shooting. Loud bangs could be heard.

The car was tracked on CCTV to Dalmeny, near South Queensferry, where it was found burnt out at a cycle path. It was discovered that it was sold by a previous owner on March 9 this year to two unknown males for £1,700.

Mr Keenan said that following the shooting, police armed with a warrant searched Robertson’s address in South Queensferry, and seized four mobile phones.

He said: “From one of the phones, an image was recovered showing the accused holding a black Glock-style handgun. Other images contained within the phone show the Glock handgun being held by a hand wearing a surgical glove and the magazine removed with brass casings visible.”

Cached images that were recovered showed stills from the video circulated on social media.

Mr Keenan said on April 17 this year, police were carrying out enquiries into two fire attacks when they carried out a search at a house in Edinburgh, where they found a bin bag under a sofa containing the pistol used in the earlier shooting.

The court heard that father-of-two Robertson was arrested and gave a ‘no comment’ interview to detectives.

‘Ongoing animosity between shooter and householder’

Defence counsel Mark Stewart KC told the court that the background to the shooting was a former friendship which “went wrong a number of years ago”.

He said there had been ongoing difficulties and animosity between the accused and the householder at the address.

Mr Stewart said that Robertson understood that he faced a significant custodial sentence.

The judge, Lord Weir, told Robertson, who followed proceedings via a video link to prison: “The charges to which you have pleaded guilty and the agreed circumstances in which they arose raise matters of very real public concern.”

He adjourned the sentence until January 14 for the preparation of a background report and risk assessment on Robertson.

Robertson has previous convictions for serious assault, possession of weapons and attempted murder. In 2007, he was jailed at the High Court for nine years for shooting a former youth footballer in a murder bid.

Robertson discharged a sawn-off shotgun at a man outside the Clermiston Inn in Edinburgh and hit him on the arm. The victim was celebrating Hibs’ victory in the CIS cup final when the attack occurred.