Met Police marksman Martyn Blake NOT GUILTY of murdering Chris Kaba

On Oct 21, 2024

By Rebecca Camber, Crime And Security Editor and Mark Duell

Published: 16:14, 21 October 2024 | Updated: 16:54, 21 October 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.

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

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

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’.

Chris Kaba was shot through the windscreen of a car in South London on September 5, 2022

Chris Kaba is seen sat inside an Audi Q8 in Streatham, South London, on September 5, 2022

The police bodycam footage from multiple angles shows chaotic scenes as Mr Kaba was shot

Mr Kaba’s vehicle was hemmed in by marked and unmarked police cars during the incident

A shot is heard in the video before someone shouts ‘right we’ve got shots fired, shots fired’

The footage shows armed officers running towards Mr Kaba’s car which was hemmed in

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 on September 5, 2022 happened after armed police started tailing the vehicle that Mr Kaba was driving because the Audi Q8 had been used as a getaway car in a gang-related shooting the night before in Brixton, South London.

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.

A grab from footage issued by the CPS of the initial follow of the Audi driven by Chris Kaba

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.

How murder charge decision sparked anger among armed officers

The murder charge brought against Martyn Blake sparked fury among 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.

Prosecutors announced that Mr Blake would be charged with murder over the fatal shooting of Chris Kaba in September last year.

Following a trial at the Old Bailey, a jury cleared Blake of his murder.

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.

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.

A computer generated image issued by the Crown Prosecution Service of a reconstruction shown to the court at the Old Bailey of the position of two firearms officers in front of the Audi

A photo issued by the CPS of the blue Audi Q8, the vehicle Chris Kaba was in when he died

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.

Prosecutions for murder or manslaughter after deaths following police contact

There have been 12 cases where a police officer has been charged with murder or manslaughter following a death in custody or following police contact since 1990, according to the charity Inquest.

During that time, there have been 1,905 such deaths in England and Wales, including 83 fatal police shootings.

In the 10 years to 2023/24, a police watchdog has carried out 26 investigations into the deaths of 28 people who were shot by police, with criminal inquiries launched in four cases. Of these, two – Jermaine Baker and Chris Kaba – resulted in the officer being charged with a criminal offence.

Before 1990, when Inquest began keeping records, the most recent conviction of this kind was in 1986, when Merseyside police sergeant Alwyn Sawyer was found guilty of manslaughter after kicking and punching retired bus driver Henry Foley, 67, as he lay handcuffed in a police cell.

Of the 12 prosecutions since 1990, only one has resulted in a conviction – West Mercia Police Constable Benjamin Monk, who was jailed in 2021 for the manslaughter of former footballer Dalian Atkinson.

Mr Atkinson was tasered to the ground and kicked in the head in 2016.

The 12 cases are:

– Chris Kaba: Martyn Blake, 40, was charged with murder after he shot Mr Kaba as the 24-year-old drove forwards and backwards trying to force his way between a marked police car and a Tesla parked nearby in Streatham, south-east London, in September 2022.

The Metropolitan Police marksman, who was cleared of murder by a jury at the Old Bailey, said he opened fire because he believed his colleagues were about to die.

– Dalian Atkinson: Benjamin Monk was sentenced to eight years for manslaughter after he kicked Mr Atkinson, 48, in the head, leaving two bootlace imprints, following an ‘excessive’ 33-second Taser deployment in August 2016.

– Thomas Orchard: The 32-year-old died in hospital a week after he was arrested and taken to Heavitree Road police station in Exeter, Devon, in October 2012.

While in custody the church caretaker, who had mental health issues, was restrained and an emergency response belt (ERB) was placed across his face for five minutes and two seconds to prevent spitting or biting.

A custody sergeant and two detention officers were charged with manslaughter but found not guilty following a trial at Bristol Crown Court in 2017. Devon and Cornwall Police force was later fined for health and safety breaches.

– Ian Tomlinson: In April 2009, Ian Tomlinson died after he was hit with a baton and shoved to the ground by police officer Simon Harwood on the fringes of G20 protests in the City of London.

An initial report found that he had died from a heart attack, but this was brought into question when an American tourist sent footage of him being hit and shoved from behind, causing a heavy fall.

An inquest in 2011 found Mr Tomlinson was unlawfully killed by Pc Harwood and that he had used ‘excessive and unreasonable’ force. But when the officer faced trial at Southwark Crown Court in 2012 he was cleared of manslaughter after a jury accepted his account that he believed he was using reasonable force.

– Azelle Rodney: Met Police marksman Anthony Long opened fire on suspected armed robber Mr Rodney, 27, less than a second after pulling up alongside the car in which he was travelling.

He fired off eight shots in 2.1 seconds, six of which fatally injured Mr Rodney who was the back seat passenger of a Volkswagen Golf which was boxed in during a ‘hard stop’ by armed police in Hale Lane, Mill Hill, north London in April 2005.

In 2013, a judge-led public inquiry into Mr Rodney’s death found that he was shot with ‘no lawful justification’ – but two years later, after an Old Bailey trial, Mr Long was cleared of murder.

– Robin Goodenough: Three officers were accused of manslaughter over the death of Mr Goodenough, 26, a disqualified driver who died in September 2003 after being stopped by police.

In November 2005, one officer was cleared and a jury failed to reach a verdict on the other two. Pcs Robin Shane and John Shatford were then tried instead for assault occasioning actual bodily harm, but were cleared by jurors at the Old Bailey in July 2006.

– Michelle Wood: Three police officers were cleared of manslaughter over the death of heroin addict Ms Wood, 25, who was found dead from hypothermia on land near New Waltham, north east Lincolnshire, in February 2003.

One month earlier she had been arrested on suspicion of attempted burglary in Louth, Lincolnshire, after going to the town on a ‘shoplifting expedition’. Custody Sergeant Andrew Hickinbottom ordered Police Constables Andrew Wood and Ian Clark to drop her off at a point on the A16 about five miles from her home.

She had wet clothes, no money, and no mobile phone, although the location was near a petrol station and a pay phone. In April 2005, judge Mrs Justice Dobbs directed a jury at Hull Crown Court that there was no case to answer because there was no evidence that the officers had breached their duty of care.

– James Ashley: Mr Ashley, 39, was shot dead while naked, unarmed and in bed with his girlfriend during a raid on his flat in St Leonards, Hastings, in January 1998.

Sussex police constable Chris Sherwood was charged with murder and manslaughter, but in May 2001 the case collapsed after a judge found the prosecution had failed to prove he had not acted in self defence. He said he had mistakenly believed that Mr Ashley was pointing a gun at him.

– Christopher Alder: Mr Alder choked to death while handcuffed on the floor of a Hull police station in April 1998 after being arrested for an alleged breach of the peace. In August 2000, an inquest jury found the 37-year-old former paratrooper was unlawfully killed.

Two years later, five Humberside Police officers went on trial at Teesside Crown Court accused of manslaughter and misconduct in a public office, but the trial collapsed and the judge ordered the jury to acquit the defendants on all charges.

In 2011, Mr Alder’s family were told his body had been discovered in a hospital mortuary more than a decade after they thought he had been buried in Hull’s Northern Cemetery. It later emerged pensioner Grace Kamara was buried in Mr Alder’s place in 2000, two years after he died.

– David Ewin: Unarmed car thief Mr Ewin was shot dead by police marksman Pc Patrick Hodgson after he tried to drive off while the officer was clinging to the side of his car in Barnes, south-west London in February 1995.

Mr Hodgson became the first officer to face murder charges after a shooting while on duty, and was cleared by an Old Bailey jury of murder and manslaughter.

– Richard O’Brien: Market trader Mr O’Brien was arrested for being drunk and disorderly after a dance at a community centre in Walworth, south London in April 1994. The father-of-seven died after being held face down during his arrest and then placed lying on his front in a police van.

In 1999, three Metropolitan Police officers – Richard Ilett, Gary Lockwood and James Barber – were cleared at the Old Bailey of his manslaughter. The trial followed a judicial review launched by Mr O’Brien’s family after an inquest jury returned a verdict of unlawful killing.

– Joy Gardner: Ms Gardner, 40, who was facing deportation, died in 1993 after police officers gagged her by wrapping at least 13ft of tape around her head and using several belts around her body at her flat in Crouch End, north London, in front of her five-year-old son.

She collapsed after the struggle and died four days later in hospital. The three officers were cleared of manslaughter.

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.

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.’

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 a firearms officer 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.

Chris Kaba’s parents Helen Lumuanganu and Prosper Kaba at the Old Bailey on October 15

Protesters marching to New Scotland Yard in September 2022 after the death of Chris Kaba

Forensics officers at the shooting scene in Streatham, South London, on September 6, 2022

‘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.’

Martyn Blake