The armed Scotland Yard officer who was cleared of murdering a violent gangster in south London last year must now face a gross misconduct disciplinary over the shooting and could be sacked, Sgt Martyn Blake has been told he must appear before a hearing accused of gross misconduct following a review of the case by the Independent Office for Police Conduct it has been announced today.
The highly trained firearms specialist shot dead Chris Kaba in Streatham in September 2022 after he drove at officers in an attempt to smash his way out of a police roadblock. Sgt Blake opened fire to protect his colleagues, but he was charged with murder following an IOPC investigation and went on trial at the Old Bailey in October last year. However, jurors took just three hours to find him not guilty of the charge, and Scotland Yard immediately reinstated him to his post.
Following his acquittal, Sir Mark Rowley, the Met Commissioner, said he feared charging the police in such situations was “crushing the spirit of good officers” and was making London less safe.
He said the 40-year-old officer – known as NX121 – had made huge personal and professional sacrifices but had acted with professionalism and dignity throughout.
But despite being completely exonerated in the criminal courts, Sgt Blake now faces the prospect of losing his livelihood over the shooting.
This is because disciplinary offences are based on the civil test, which states that an honest but mistaken belief must also be “reasonable”.
He will now have to appear before a misconduct panel to determine his future.
Kaba was a core member of the 67 gang, one of London’s most violent and dangerous organised crime groups which had been linked to a string of shootings in the capital.
Just a week before he died, the 24-year-old rapper, who had previously served a prison sentence for gun offences, was caught on CCTV gunning down a rival in a packed nightclub in east London.
On the evening of Sept 5, 2022 armed police began following Kaba as he travelled across south London.
But when armed officers attempted to stop the vehicle in the Streatham area, Kaba accelerated towards them, ploughing into the police roadblock.
He died after Sgt Blake fired a single bullet through the windscreen of the car, which struck him in the head.
Prosecutors suggested Sgt Blake had acted out of “fear, anger or frustration”, but the jury accepted his explanation that he had followed his training to the letter and had fired because he genuinely believed the lives of his colleagues were in danger.
The fallout from the case sparked a crisis in armed policing, with many of Mr Blake’s colleagues threatening to hand in their weapons in protest at the decision to charge him.
Following the case, Yvette Cooper, the Home Secretary, also announced a change in the law to protect the anonymity of firearms officers charged with murder in the line of duty, unless they are convicted.
The decision to make Sgt Blake face a disciplinary process, which could result in his dismissal from the Met Police, is likely to further impact on the confidence of his armed colleagues.
In 2023 the IOPC ordered gross misconduct proceedings against an officer known only as W80, over the shooting of armed gangster Jermaine Baker, even though he had never been charged with a criminal offence.
Scotland Yard fought the decision and took the case to the Supreme Court, but lost.
The Met Police is now expected to launch a legal challenge against the decision to pursue Sgt Blake.
Assistant Commissioner Laurence Taylor said: “We recognise the significant impact of Mr Kaba’s death on his family who continue to grieve the loss of a loved one.
“Since NX121 was acquitted, the IOPC has been reconsidering whether he should face misconduct proceedings. We made strong representations that he should not face any further action due to the extensive evidence tried and tested at court and the not guilty verdict returned by the jury.
“We know any fatal use of force by police understandably prompts concern among communities. NX121 made a split-second decision on what he believed was necessary to protect his colleagues and London and a jury unanimously decided that was an honestly-held belief and the force used was reasonable.
“However, the IOPC has now determined that NX121 has a case to answer for his use of force and has directed us to hold a gross misconduct hearing.
“We know another lengthy process will fall heavily on the shoulders of NX121 and more widely our firearms officers, who continue to bravely and tirelessly police the streets of London every day to protect the public.
“Our armed officers respond to more than 4,000 incidents each year, but there are only one or two incidents where shots are fired by police each year. These officers are the most professional, accountable and cautious in their use of lethal force in the world and their operations have prevented countless acts of violence across our city.
“Now is not the time for debate and discussion about this case, it is important that we do not risk prejudicing NX121’s right to an impartial hearing.
“We will provide further updates and comment when these proceedings have concluded.”
A date for the hearing will be set in due course. To ensure independence from the Met for an impartial hearing, the force says it will be asking a chief officer from another police force to chair it.