Posted on October 21, 2024

Met Marksman Who Shot Dead Chris Kaba Is Found Not Guilty of Murder

Rebecca Camber and Mark Duell, Daily Mail, October 21, 2024

A Scotland Yard marksman was acquitted of murder today after shooting dead a fleeing motorist to stop him running over colleagues.

Martyn Blake, 40, was dramatically cleared after being accused of shooting dead Chris Kaba, 24, ‘without justification’ to stop the suspect escaping police.

Mr Kaba’s family say they have been left without justice and are ‘devastated’ by today’s verdict.

After the verdict was announced, dramatic video revealed the moment Blake shot Mr Kaba through a car windscreen in Streatham, South London, on September 5, 2022 – before shouts of ‘shots fired’, ‘where from’ and ‘first aid’ could be heard.

The Crown Prosecution Service released the extraordinary video featuring police bodycam footage from multiple angles which shows the chaotic scenes.

The trial heard how the Audi had been used as a getaway vehicle in a shooting the previous evening, and was hemmed in by police cars in Kirkstall Gardens after an officer recognised its registration number.

The clip shows armed officers running towards Mr Kaba’s car which was hemmed in by marked and unmarked police cars, with shouts of ‘doors, doors, doors’ heard.

This was followed by two officers screaming of ‘armed police, show me your hands’, then wheel spin could be heard as Mr Kaba drove the Audi backwards and forwards.

An officer next to the car again shouts ‘show me your hands’, and a horn is beeped before a shot is heard – and someone shouts ‘right we’ve got shots fired, shots fired’.

A cry of ‘where from, where from’ is then heard, before someone answers ’round the front’ – followed by frantic shouts of ‘first aid, first aid’.

The clip also features a map compiled by the Independent Office for Police Conduct showing where all the officers and the vehicles are located at all times.

In an extraordinary case which has profound implications for national security, hundreds of firearms officers around the country downed their weapons in protest after the officer was charged as colleagues argued that he was just trying to save them from Mr Kaba.

The fatal shooting happened after armed police started tailing the vehicle that Mr Kaba was driving.

Following the jury’s verdict, Chris Kaba’s family described their ‘unimaginable grief’ at their loss, adding: ‘Today, we are devastated. The not guilty verdict leaves us with the deep pain of injustice adding to the unbearable sorrow we have felt since Chris was killed.’

When police boxed in the vehicle in a residential street in Streatham, Mr Kaba used the car as a ‘battering ram’ reversing into a police car before accelerating into parked cars in a desperate bid to escape.

Seemingly ready to run over anyone standing in his way, Mr Kaba revved back and forth in the high-powered Audi almost dragging the ten officers surrounding him under the wheels before Blake finally ended the rampage by shooting him dead.

Today the Crown Prosecution Service is facing questions about why it brought the landmark case after jurors took just three hours to acquit Blake.

During the trial lasting nearly three weeks, a succession of officers claimed they would have shot Mr Kaba if Blake had not acted.

A fellow firearms officer known as DS87 said he would have taken a shot if Blake had not.

Another identified by the cypher E156 said he was ‘fractions of a second’ away from doing the same.

One officer known as NX109 was perilously close to being run over after getting the finger of his glove caught in the Audi’s door handle, just managing to wrench it free in time before the Audi surged forward ramming into a parked Tesla.

Prosecutor Tom Little, KC, argued that Blake had misjudged the risk and exaggerated the threat to his colleagues in statements following the shooting.

But Patrick Gibbs, KC, defending, said he wasn’t ‘Robocop’ and made a split second decision to save others.

Despite the acquittal, Blake now faces the prospect of a disciplinary hearing brought by the Independent Office for Police Conduct

Mr Kaba’s parents Prosper Kaba and Helen Lumuanganu are also said to be considering suing the Met.

The family are understood to be taking legal advice which may include considering the grounds for appealing the verdict.

Members of the family appeared shocked, rocking back and forth as they watched the verdict being delivered this afternoon.

In an ongoing ordeal, Blake now faces a separate inquest into what happened, which could still be years away.

The controversial case has sparked a Home Office review about how firearms officers are held accountable and the length of time officers remain under investigation.

Last September hundreds of Metropolitan Police firearms officers handed in their weapons following the decision to charge one of their colleagues with murder.

In the wake of the mass revolt, Scotland Yard was forced to put the Army on standby amid concern that there would not be enough armed officers to keep the public safe.

Most returned to their roles, but there was widespread concern among firearms officers nationally when Blake was named ahead of trial.

The case has already had a catastrophic impact on recruitment of officers.

In February it emerged that just six people applied to be a firearms officer in Britain’s biggest force.

Becoming an armed officer has traditionally been seen as one of the most prestigious roles in policing, with between 150 and 250 hopefuls applying every time posts are advertised.

But there has been a collapse in interest for the voluntary role to bear arms to protect the public.

The Met has about 2,500 Authorised Firearms Officers (AFOs), who patrol the capital 24 hours a day to protect the public from armed criminals and terrorists.

They are all volunteers and receive no extra pay.

But between April and December last year more than 250 AFOs left the unit – around one in 10 of the overall number.

Without fresh applicants, there is mounting concern that police forces will struggle to recruit and retain enough officers to keep the public safe.

The national firearms police lead has warned that Britain could be ‘sleepwalking’ into a situation where officers have to be ordered to carry guns, rather than volunteer for the specialist role.

Chief Constable Simon Chesterman fears armed policing is in the most ‘precarious and difficult’ position for years, with firearms officers increasingly questioning whether they wanted to continue.

If there aren’t enough volunteers then a change in the law may be required to mandate officers to carry guns so they can fulfil critical duties ranging from guarding Downing Street, to protecting the Royal Family and defending critical national infrastructure from a potential terrorist attack.

Fatal police shootings remain rare, with just three cases in the 18,395 police firearms operations carried out in England and Wales in the year to March 2023.

But many officers now fear they could find themselves in the dock or facing years of investigation if they decide to pull the trigger.

In one case, a Met marksman who shot dead a gangster in a foiled prison break nearly a decade ago is still yet to hear whether he will be sacked despite being cleared of committing any crime.

The marksman, known as W80, shot dead 28-year-old Jermaine Baker in a police operation in December 2015 as Baker was preparing to spring two prisoners from Wood Green Crown Court, in north London.

He was not charged in connection with the death, but the Independent Office for Police Conduct announced he should face gross misconduct hearing which is yet to happen.

Today, Blake showed no reaction as he was acquitted.

One relative of Mr Kaba could be seen rocking backwards and forwards as the verdict was delivered.

His family walked away from the courtroom in the Old Bailey in silence with their police family liaison officer.

Like many firearms officers, Blake had never fired a gun at a person before the fatal incident.

The Old Bailey heard that those close to him had been hesitant about him becoming a police marksman but he felt it was ‘the best job’ in the Metropolitan Police.

It was unclear whether he still believes that today.

After the verdict, Frank Ferguson, head of the CPS Special Crime and Counter Terrorism Division, said: ‘First and foremost I want to say that my thoughts and those of the CPS remain with the family of Chris Kaba.

‘Today armed Metropolitan Police officer Martyn Blake has been found not guilty of the charge of murder. We fully respect the jury’s decision.

‘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. They have made up their minds in the proper way and we thank them for doing so.’

The Independent Office for Police Conduct (IOPC) defended its decision to refer the shooting of Chris Kaba to the Crown Prosecution Service (CPS) after Met firearms officer Martyn Blake was cleared of murder at the Old Bailey.

IOPC director Amanda Rowe said: ‘Firstly, we want to acknowledge Chris Kaba’s family and friends today as they continue to grieve his death more than two years on. Our thoughts and sympathies remain with them and everyone else who has been affected.

‘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 IOPC’s role is to independently investigate the circumstances surrounding a fatal police shooting, including the decision to use lethal force. Under the law, firearms officers can use lethal force, however it must be reasonable in the circumstances the officer honestly believed them to be.

‘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.

‘Armed policing plays a crucial part in protecting our communities and keeping the public safe from danger. Firearms officers can, and do, find themselves in extremely dangerous and volatile situations where they are forced to make difficult and quick decisions under intense pressure.

‘It’s important to recognise that fatal police shootings are rare, particularly in relation to the volume of incidents firearms officers are called to attend. And it is rarer still that they result in criminal or misconduct proceedings for the officer who fired the fatal shot.

‘Over the past 10 years the IOPC – or our predecessor the IPCC – has undertaken 26 investigations into fatal police shootings. In one other case we referred a file of evidence to the CPS to consider a criminal charge for the officer who fired the shot.’

And Conservative Party leadership contender Robert Jenrick posted on X: ‘Martyn Blake, the firearms officer cleared today, was a hero who found himself fearing for his life and the life of his colleagues.

‘His prosecution was wrong and endangered the public. The ordeal he has gone through, unthinkable.

‘We must back our brave police officers, and not drag them through the courts for making split-second decisions.’

Also today, it was revealed that a top judge warned of contempt of court dangers after prosecutors said former home secretary Suella Braverman made ‘regrettable’ comments that indirectly criticised the charging decision of Mr Blake ahead of his murder trial.

Before Mr Blake’s case went to trial, a court hearing at the Old Bailey heard that a tweet from Ms Braverman, which said firearms officers ‘mustn’t fear ending up in the dock for carrying out their duties’, had been viewed more than six million times.

During a hearing at the Old Bailey in September last year, prosecutor Tom Little KC said the then attorney general Victoria Prentis had been informed about the tweets.

Mr Little said: ‘We asked for this case to be listed primarily because of our concern about the content of three tweets sent by the home secretary on Sunday morning which were aligned to an article in the Telegraph in relation to suggestions that a number of Metropolitan Police officers were refusing to carry guns.

‘The tweets are capable in the prosecution’s view, of supporting that stance and in particular indirectly criticising the charging decision and that is highly regrettable.’

The prosecutor said it then led to Met Commissioner Sir Mark Rowley responding to the announcement of a review and a large amount of publicity.

Ms Braverman’s tweets read: ‘We depend on our brave firearms officers to protect us from the most dangerous and violent in society.

‘In the interest of public safety they have to make split-second decisions under extraordinary pressures.

‘They mustn’t fear ending up in the dock for carrying out their duties. Officers risking their lives to keep us safe have my full backing and I will do everything in my power to support them.

‘That’s why I have launched a review to ensure they have the confidence to do their jobs while protecting us all.’

Mr Little continued: ‘The prosecution is keen to draw a line under this.

‘We’ve been in contact with the Attorney General. The Attorney General’s current view is that seeking to withdraw or remove the tweets now and or by further media advisory notice runs the risk of additional publicity, almost drawing attention to it.

‘The prosecution remain concerned that everyone, and I do mean everyone, needs to be extremely careful about what is published in relation to matters of public concern.

‘Caution is required before people do so and we sought to raise that with the court as is our obligation. We’re keen for a line to be drawn. Real concerns about firearms officers may be dissipating.

‘There’s no criticism by us of subsequent reporting that occurred but it caused recirculation of tweets which is regrettable. We would hope going forward that this won’t be repeated.’

Giving his contempt of court warning, Judge Mark Lucraft KC said: ‘It seems to me the important thing is to remind of the importance of contempt of court.

‘Inevitably, every case in this court attracts a fairly high volume of publicity.

‘The one thing we try to avoid is public debate of these decisions, public debate over whether someone has acted lawfully or indeed whether decisions made to prosecute an individual are right or wrong.’

He added: ‘It is incumbent on all of us to ensure anyone making any comments about this case, the same rules apply to this case as to any other case in crown courts in this country, both here and elsewhere. I would use this opportunity as a reminder to everyone of the rules and the importance of abiding by them.’

Addressing the prosecution, the judge said the then attorney general needed to ‘act appropriately if she is so advised’.

He added: ‘The court was asked to consider pre-trial publicity and the court reminded everyone of obligations of the contempt of court process and ensure that nothing is said which in any way could be thought to prejudice ongoing criminal proceedings.’

Mr Kaba’s family today made the following statement: ‘Today, we are devastated. The not guilty verdict leaves us with the deep pain of injustice adding to the unbearable sorrow we have felt since Chris was killed.

‘No family should endure the unimaginable grief we have faced. Chris was stolen from us, and this decision shows his life — and many others like him — does not matter to the system. Our son deserved better.

‘The acquittal of Martyn Blake isn’t just a failure for our family, but for all those affected by police violence.

‘Despite this verdict, we won’t be silenced. We are deeply grateful to everyone who stood by us and fought for justice. We will continue fighting for Chris, for justice, and for real change. Chris’ life mattered, and nothing can take that away from us.’

Temi Mwale and Kayza Rose of the Justice for Chris Kaba Campaign, said: ‘Today is a devastating moment for the Kaba family, our community, and the nation. Martyn Blake’s acquittal is painful proof that our lives are not valued by this system.

‘The fight for accountability, justice, and racial equity has spanned decades, and we honor all those who have contributed. Despite today’s verdict, our commitment remains unwavering. For the Kaba family, justice was never just about a conviction – it’s about systemic change, a fight we will not abandon as a campaign.

‘This outcome reinforces the harsh reality that police can kill without consequence. No one can be safe while the police can kill with impunity. We stand with the families who lost loved ones before Chris, still seeking justice. This verdict is not the end – it only strengthens our resolve. Now is the time to join the fight for a future where justice and accountability are the norm, and no one is above the law.’

Deborah Coles, Director of INQUEST, said: ‘It is difficult to reconcile the verdict with the evidence heard at the trial and the shocking reality of an unarmed Black man being shot in the head.

‘It is clear from our work that when the police kill, they seek to operate above the law. This verdict must not now be used by the police lobby to further dilute police accountability.

‘We know that Chris’ death is not an isolated case but part of systemic racism and stereotyping that equates Black men with dangerousness. For decades, Black men, have disproportionately been killed by the police.

‘However, the conviction of one police officer does not stop the violence, racism and misogyny entrenched in police culture and practice.

‘Real justice and accountability is when the deaths and harms of policing stop. To achieve this, we must urgently redirect resources away from police and into communities.’

Original Article