The police marksman who shot Chris Kaba may no longer face misconduct proceedings after the Government changed regulations around officers’ use of force.
Martyn Blake shot 24-year-old Mr Kaba in the head after he drove towards officers in an attempt to smash through a roadblock in Streatham, south London, in September 2022.
The officer was cleared of murder by a jury at the Old Bailey, with fellow police marksmen enraged that he had faced charges.
Sergeant Blake was still due to face misconduct proceedings, but the Independent Office for Police Conduct (IOPC) paused the process while it waited for Government regulation changes to be published.
Today it said it believes the misconduct proceedings should not go ahead, and will consult with the Kaba family who will have the chance to argue there are exceptional circumstances which mean they should.
Dozens of other non-fatal use of force cases in England and Wales may also be affected if police forces take the same approach as the IOPC.
Andrew Johnson, IOPC director of strategy and policy, said: ‘We carefully considered the law change and its stated intent to address the perceived unfairness and lack of proportionality of the civil law test.
‘We believe this position provides consistency across impacted cases and is fair to officers who are facing potential dismissal for misconduct, which if it occurred now, would not amount to misconduct under the new law.
Chris Kaba, 24, (pictured) was shot in the head after he drove towards officers in an attempt to smash through a roadblock in Streatham, south London, in September 2022
‘We expect the number of relevant cases that are affected by this law change to be relatively small.’
After Sergeant Blake’s acquittal, then-home secretary Yvette Cooper vowed to raise the legal test used by prosecutors to determine whether to bring charges against police officers over use of force into line with the standard used for members of the public.
The test used by the IOPC over whether to bring misconduct proceedings would also be raised to the level used in criminal law, she said.
Metropolitan Police Deputy Commissioner, Matt Jukes, said acquittal after a criminal trial should have brought the case to ‘a clear and definitive conclusion’.
He said: ‘We recognise the impact on NX121, his family and the wider firearms community, who have endured almost four years of uncertainty while these processes have unfolded, as well as the family of Chris Kaba, who continue to live with the loss of a loved one.
‘We have consistently said since the criminal trial that there is no basis for further action against this officer and that remains our position.
‘I know this change will also provide reassurance to firearms officers across London and the wider country, who carry immense responsibility on behalf of the public and need confidence that decisions made in good faith, in fast-moving and dangerous situations, will be judged fairly.
‘At the same time, this case has exposed that the current system is too slow. A split-second decision, taken in circumstances which presented an immediate threat, has been followed by years of investigations and legal proceedings.
Footage of the moment armed officers ran towards Mr Kaba’s car as he tried to escape from a roadblock
‘That has had a profound impact on everyone involved and demonstrates the need that both policing and the IOPC recognise for a swifter system that maintains both public confidence and rigorous accountability.
‘That is why I welcome the recent changes to the law, introducing a presumption of anonymity for firearms officers during court proceedings until conviction and restoring the criminal test for the use of force in misconduct cases.’
On the night Mr Kaba died, police had followed and penned in the Audi that he was driving because it had been linked to three previous firearms incidents in five months.
They were not aware of his identity at the time, but Mr Kaba was a member of one of London’s most violent street gangs and was accused of being involved in two shootings in the six days before he died.
Following the previous decision to pause the proceedings, Mr Kaba’s family said they were ‘devastated’.
‘Martyn Blake fatally shot Chris when he was unarmed and without knowing who he was,’ they added at the time.



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