'Significant risk of a lethal shot': Judge jails twins over daylight shotgun robbery

Twin brothers entrenched in a gang lifestyle who jointly participated in a violent Auckland robbery – in which gunfire erupted in a busy supermarket car park in broad daylight – are now headed to prison together.

“You took a significant risk of a lethal shot,” Justice Amokura Kawharu told Malachi Christian Betham earlier this month as the brothers appeared in the High Court at Auckland for sentencing.

But for luck, the consequences could have been much worse for the person who was shot at, and subsequently for the defendant as well, she said.

Betham, 25, had been awaiting trial for attempted murder but instead pleaded guilty in April to an alternative charge of discharging a firearm with intent to cause grievous bodily harm.

Both charges carry a maximum possible punishment of 14 years’ imprisonment.

His brother, Elijah Ernest Frank Betham, pleaded guilty to assault with intent to rob, also punishable by up to 14 years.

Court documents state the victims were lured to the Hobsonville Countdown carpark about 4pm on September 16 last year after offering a diamond sovereign ring for sale on Facebook Marketplace for $4500.

Elijah Betham has pleaded guilty to a violent robbery that took place at the carpark of a Woolworths supermarket in September 2025. Photo / Google

Another defendant is alleged to have feigned an interest in buying the ring. Instead, it is alleged, he arranged for the Betham brothers and others to raid the carpark meet-up, pretending to be a random robbery.

Upon arrival at the scene, Elijah Betham jumped out of the car alongside an unidentified man wielding a machete and rushed the 20-year-old seller, who was knocked to the ground.

“[The victim] was taken to the ground and assaulted by Elijah Betham and his associate,” states the summary of facts for both brothers.

“[He] received multiple strikes with hands, feet from the machete.

“He was struck at least once to the head with the machete, causing a wound to the left side of his head and left ear.”

A CCTV still from outside a Hobsonsville Woolworth's in West Auckland shows Malachi Betham (red square) firing a shotgun at a passing vehicle in September 2025. Photo / NZ Police

The victim was later taken to hospital via ambulance. He suffered a “significant laceration” to the side of his head, causing “significant damage” to his ear.

Two 18-year-olds had accompanied the seller to the carpark and were waiting in the car when the machete attack began.

They drove off, leaving the seller behind, after noticing Malachi Betham walking towards them with a shotgun, court documents state.

“As [the] car passed alongside Malachi Betham, Malachi Betham raised the shotgun and fired the shotgun once into the driver’s side window area of the complainants’ car,” court documents state.

“The shot was fired within two metres of the complainants’ car.”

The shotgun pellets narrowly missed the driver, lodging instead in the front right pillar. No one inside the vehicle was injured.

Photos show damage to an occupied car that Malachi Betham fired at with a shotgun from about two metres away. Photo / NZ Police

“Where’s your f***ing money?” the twins shouted as they met up where the machete attack victim was still on the ground.

They then drove away at speed.

In a phone call from jail a week after their arrests, Elijah Betham was recorded admitting the brothers’ involvement as he tried to reassure an unidentified person on the other end of the line.

“Don’t beat yourself up, yo,” he said.

“That’s Malachi’s own doing, the stoned c***.

“This is all our own doing, yo. F***, wouldn’t even be in this position if we didn’t do what we did.”

During the brothers’ sentencing, Justice Kawharu noted that Malachi Betham said he set up the robbery because the machete attack victim had owed him drug money. The gunshot, the defendant said, had been intended as a warning shot.

“You thought you should take the law into your own hands,” the judge said.

“It’s not clear what you were trying to warn them about.

“Not only was the taking of the shot completely unprovoked, but [the victim] was leaving the scene as you took it.”

She ordered a starting point of eight years, then allowed reductions of 35% for his guilty plea and for his difficult upbringing, in which he and his brother recalled often not having food in the house but plenty of alcohol and cannabis.

They also reported being exposed to gang violence at a young age.

It resulted in a sentence of five years and one month in prison.

Elijah Betham, meanwhile, was ordered to serve three years and nine months’ imprisonment.

Defence lawyer David Hoskin argued his client did not know his brother had brought a gun to the confrontation. Crown prosecutor Isabella Jo argued the shotgun must have been in plain sight given the size of the compact car they arrived in.

CCTV footage from the carpark showed Malachi Betham emerging from the car with the gun within seconds, which also suggests it was easily accessible rather than hidden away, Jo said.

Hoskin replied that while there may be a suspicion both brothers knew about the gun, it was not included in the agreed facts and cannot be inferred beyond a reasonable doubt.

While announcing her decision, Justice Kawharu said she was encouraged by Elijah Betham’s statements that he wanted to move on from gang life.

“As with your brother, no one here wants to learn about any more offending on your part,” she said.

Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.