Prosecutors and watchdog defend decision to charge Met marksman over Chris Kaba

Prosecutors and a police watchdog have defended the decision to prosecute a marksman over the fatal shooting of Chris Kaba.

Martyn Blake, 40, was cleared of murder at the Old Bailey on Monday, becoming only the 12th police officer to face a murder or manslaughter charge over a death following police contact since 1990.

Following the verdict, Frank Ferguson, head of the CPS Special Crime and Counter Terrorism Division, said: “This has been a complex and sensitive case and the decision to prosecute was made after an in-depth consideration of all the available evidence.

“We recognise that firearms officers operate under enormous pressure, but it is our responsibility to put cases before a jury that meet our test for prosecution, and we are satisfied that test was met in this case.

“It is therefore right that the case was put before the jury for them to scrutinise and to decide.

“They have carefully considered each piece of evidence, including video and Martyn Blake’s own account.”

When Mr Blake was charged with murder in September last year, fury erupted among his fellow firearms officers with dozens downing tools in apparent protest, and the Army being put on standby to plug the gap.

A fierce debate erupted about how police marksmen should be held to account after taking a fatal shot, with warnings that officers could be put off volunteering to undergo firearms training for fear of being embroiled in lengthy legal battles.

Amanda Rowe from the Independent Office for Police Conduct (IOPC) that investigated the shooting, acknowledged how hard it had been for Mr Kaba’s family to sit through the trial, as well as the firearms officer.

She said: “The past few weeks must have been incredibly difficult and distressing for Chris’s family who have sat through the trial, listened to all the evidence and witnessed his final moments played out in court.

“We also recognise the impact that this trial has had on the officer involved, as well as his firearms colleagues and the wider policing community.

“Today a jury, having considered all the evidence, has acquitted Police Sergeant Martyn Blake of murder.

“We appreciate this trial will have been of significant public interest, and particularly so within our black communities.

“The decisions to criminally investigate Sergeant Blake, and then to refer the case to the Crown Prosecution Service (CPS), followed careful consideration of a significant amount of evidence gathered during our independent investigation and by applying the relevant legal tests which govern our work.

“Following the CPS decision to charge Martyn Blake with murder, the matter has now been heard in open court and the officer has accounted for his actions before a jury.

“Ultimately it is that jury’s decision, having carefully considered all the evidence, to determine guilt or innocence and we respect that decision and thank them for their consideration.”

In the wake of the decision, one of the country’s most senior police officers, Metropolitan Police Commissioner Sir Mark Rowley, claimed in an interview with The Sun that marksmen would prefer to confront a terrorist than a gangland criminal because there would be less of a legal backlash.

He also took aim at justice campaign groups, telling the newspaper: “One thing that’s really startled me is I’ve had some of our firearms officers say to me they would rather end up ­confronting on the streets a well-trained terrorist than a gangster.

“Because even though they would face far more personal danger with the terrorist, they believe they’d get a fair hearing in terms of the legal processes that follow.

“Whereas with a gangster, they feel that campaign groups can influence accountability in a way that leads to something that’s unbalanced and lasts forever.”

Then-home secretary Suella Braverman commissioned a government review of how firearms officers should be held to account, with suggestions that officers would quit their roles if they were dissatisfied with the outcome.

Simon Chesterman, who is the armed policing lead for the National Police Chiefs’ Council, warned that “significant numbers” of officers could step back.

Armed officers are not paid extra for undertaking the role carrying weapons and do so on a voluntary basis, meaning they can down tools, known as handing in their tickets, if they wish.

The length of time taken to resolve legal and disciplinary proceedings involving police officers following deaths in custody has also been criticised.

In a separate case, an armed officer known as W80, who shot Jermaine Baker, 28, during a foiled prison break in 2015 is still yet to face a disciplinary hearing.

Prosecutors said in 2017 that there was insufficient evidence to bring criminal charges, but a legal battle has rumbled on between the officer, supported by Met bosses, and watchdog the Independent Office for Police Conduct (IOPC), over whether he should face disciplinary proceedings.

Last year, the Supreme Court ruled in favour of the IOPC, meaning that he should, and in November last year the Met agreed that a hearing would take place “at the earliest opportunity”. No date has yet been set.