The armed police officer cleared of the murder of gang member Chris Kaba will face a gross misconduct hearing, following a police watchdog review.
Martyn Blake was dramatically cleared last October after being accused of firing his weapon and killing the 24-year-old ‘without justification’ to stop the suspect escaping police.
He shot Mr Kaba, who was not armed, through a car windscreen in Streatham, South London, on September 5, 2022, after he failed to stop for officers.
Footage of the incident showed Mr Kaba using his car as a ‘battering ram’ by driving forwards and backwards in an attempt to force his way between a marked police car and a Tesla parked nearby, leading the officer to open fire.
The chase was ignited after officers linked the Audi he was driving to a shooting outside a school in Brixton the previous evening.
Six months after the shooting in March 2023, the Independent Office for Police Conduct (IOPC) watchdog said the Met officer should face gross misconduct proceedings.
After he was acquitted of murder in October 2024, the Met argued the evidence against him had been ‘tested significantly’ and that the IOPC should reconsider.
In a statement on Wednesday, IOPC director Amanda Rowe said: ‘We understand the impact this decision will have on Chris Kaba’s family and Sergeant Blake and acknowledge the significant public interest in this case, particularly among our Black communities, firearms officers and the wider policing community.
Martyn Blake who shot Chris Kaba will face a gross misconduct hearing
Footage of the moment armed officers ran towards Mr Kaba’s car which was hemmed in. He tried to drive away
‘This is a decision we have taken based on examining all the evidence, views of all parties and by applying the thresholds set out in legislation and guidance which govern our work.
‘The legal test for deciding whether there is a case to answer is low – is there sufficient evidence upon which, on the balance of probabilities, a disciplinary panel could make a finding of misconduct. This has been met and therefore we need to follow the legal process.
‘We appreciate that the Home Office is carrying out a review of the legal test for the use of force in misconduct cases, however, we must apply the law as it currently stands.’
If the hearing finds he committed gross misconduct he could face the sack.
On the night Mr Kaba died, police began following the Audi Q8 that he was driving because it had been used as a getaway car in a shooting in Brixton, south London, the night before.
They did not know who was driving the car at the time, although it later emerged Mr Kaba was a core member of one of London’s most dangerous street gangs and was accused of being involved in two shootings in the week before he died.
Dozens of Metropolitan Police armed officers downed tools in outrage when Mr Blake was charged with murder and the army was put on stand-by to plug the gap.
He was cleared after a trial at the Old Bailey in October last year and questions were raised as to whether he should ever have been charged with murder.
The IOPC said the charge was brought after ‘careful consideration of a significant amount of evidence’ and the application of relevant legal tests while the Crown Prosecution Service said the matter had to be put before a jury.
Mr Blake was publicly named during his trial as is standard practice, but restrictions remain in place banning the publication of his address or any description or image of him.
Home Secretary Yvette Cooper is bringing in legal changes that will give police marksmen accused of murder the right to anonymity up to the point of conviction.
On Wednesday, Met Police Assistant Commissioner Laurence Taylor, using the cypher NX121 that was given to Mr Blake before a judge ruled he could be publicly named, 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 chief officer from an outside force will be asked to chair the disciplinary hearing, which will be held in due course, the force said.
