The relatives of a man fatally shot by a police sniper have expressed their profound sorrow over the decision to suspend misconduct proceedings against the officer involved.
The Independent Office for Police Conduct (IOPC) announced that it will delay the issuance of gross misconduct documentation against Metropolitan Police officer Martyn Blake, who was responsible for the shooting of Chris Kaba in September 2022.
Anticipated legal reforms aimed at modifying the criteria for prosecuting officers regarding the use of force are set to take effect in the spring.
The IOPC emphasized the importance of considering these upcoming changes in its decision, while Kaba’s family contended that it was entirely appropriate for the officer to face disciplinary action.
Kaba’s vehicle was being monitored by police in South London, as it had been connected to a previous shooting incident in Brixton, when Blake and his fellow officers attempted to stop him.
When cornered by police vehicles, Kaba made repeated attempts to escape by driving his car backward and forward.
During his trial, Blake testified that he was concerned for the safety of himself and his colleagues due to Kaba’s erratic driving.
Through the charity Inquest, Kaba’s relatives released a statement saying: “Martyn Blake shot Chris fatally while he was unarmed and unaware of who he was.
“Until today, we believed that Martyn Blake was correctly facing imminent disciplinary measures for his use of deadly force.
“We are perplexed as to why it was only revealed to us today that the Met had urged the IOPC to dismiss proceedings against Martyn Blake last November.
“We are heartbroken that the IOPC, succumbing to police pressure, has opted to postpone the proceedings regarding Martyn Blake’s gross misconduct.”
Blake had been acquitted of murder at an Old Bailey trial but is still subject to gross misconduct proceedings related to the shooting, a move that the Metropolitan Police Federation criticized as “irrational” and that was opposed by police leadership.
Last April, the IOPC had determined that a hearing should take place, a decision that was welcomed by Kaba’s family and the charity Inquest.
On Wednesday, it became known that the Metropolitan Police had requested the cancellation of proceedings against Blake in November in anticipation of forthcoming legal changes.
Following Blake’s acquittal, Yvette Cooper, the then Home Secretary, pledged to align the legal standards used by prosecutors in cases of police use of force with those applied to civilians.
She noted that the threshold for initiating misconduct proceedings by the IOPC would also be elevated to match criminal law standards.
The IOPC clarified: “We find it inappropriate to decide whether Sergeant Blake should continue to face disciplinary action until we fully understand the implications of the forthcoming adjustments to the use of force criteria and any guidelines from the Home Office.”
IOPC director Amanda Rowe remarked: “We acknowledge the ramifications of this case for all involved and do not intend to delay proceedings needlessly, but it is crucial that our decision reflects upcoming changes in the use of force standards.”
Comments from the Metropolitan’s deputy assistant commissioner, James Harman, identified the officer as NX121 and indicated that the force had made strong arguments to the IOPC for halting gross misconduct proceedings.
“The facts were thoroughly examined during a criminal trial, resulting in a jury’s unanimous not guilty verdict,” he stated.
“We believe this should have conclusively resolved the issue.
“While we recognize the IOPC’s choice to pause proceedings, we hope this delay will be brief.
“NX121 has faced significant personal upheaval for over three years, and each extension exacerbates the stress and uncertainty he and his family endure.
“We also understand that this delay deeply affects Mr. Kaba’s family, who are still mourning their loss.”
He further noted that complicated legal frameworks “are detrimental to both officers and families,” emphasizing that delays only intensify their emotional distress.
Matt Cane, the general secretary of the Metropolitan Police Federation representing frontline officers, stated that the decision was justified, asserting, “Law enforcement personnel should not risk losing their freedom or jobs for fulfilling the responsibilities expected of them by society, and it is encouraging to see government recognition of this.”