Met making new representations to IOPC over Martyn Blake misconduct hearing

It comes after a decision was made in 2023 by the Independent Office for Police Conduct (IOPC), when it finished its investigation into the shooting, that Martyn Blake should face a gross misconduct hearing.

Mr Blake, 40, was cleared of murder on Monday after a trial at the Old Bailey.

The IOPC is now reviewing whether he should still face disciplinary proceedings, the PA news agency understands.

The Met Police has said an acquittal in criminal proceedings “is a relevant consideration for the IOPC in determining whether to pursue disciplinary proceedings” and the force will be making fresh representations to the watchdog on this point.

A spokesperson for the Metropolitan Police said: “Our ‘appropriate authority’, who is the senior decision-maker from the Directorate of Professional Standards for the Met, agreed with the initial assessment of the IOPC, on the available evidence, at the end of the IOPC investigation in March 2023.

“This was before the criminal proceedings where the evidence against Sergeant Blake was tested significantly in court.

“An acquittal in criminal proceedings is a relevant consideration for the IOPC in determining whether to pursue disciplinary proceedings. The MPS will be making fresh representations to the IOPC on this point, reflecting the evidence that has arisen during criminal proceedings, which the IOPC has agreed to consider very carefully.

“We welcome the IOPC reviewing their determination given the very real complexities of a fast-moving and pressured incident.”

Meanwhile, it can now be reported that Mr Kaba was a “core member” of one of London’s most dangerous criminal gangs and was allegedly directly linked to two shootings in the six days before he was shot dead by police.

The 24-year-old was said to have shot a rival in the legs at a nightclub six days before he died in September 2022, and would have stood trial for attempted murder had he survived.

He was also found to have gunshot residue on his sleeve and a balaclava in his pocket on the night he was killed by a police marksman, which it was suggested was evidence he had been involved in a second shooting the previous night.

He had previous convictions for possession of weapons, and the Audi that he was driving when he was killed was linked to three previous firearms incidents in five months.

Details of his criminal background can now be revealed after Mr Justice Goss lifted reporting restrictions at the Old Bailey on Tuesday.

Mr Blake, 40, shot the 24-year-old through the windscreen of an Audi Q8 as he tried to ram his way past police cars on September 5 2022.

Prime Minister Sir Keir Starmer’s official spokesman said that firearms officers “deserve our and the public’s gratitude for their bravery”.

“It is obviously crucial that the police have the ability to use their powers with legal certainty and clarity, all in balance with the public’s need to see accountability,” the spokesman said.

An application had been made by Mr Kaba’s mother Helen Lumuanganu to keep a ban on revealing the details in place until after any future inquest into her son’s death.

But this was rejected after the media successfully challenged the bid.

In a letter to the court, Deputy Assistant Commissioner Stuart Cundy had argued that “open and transparent public disclosure” of Mr Kaba’s bad character would “significantly reduce the risk of unrest on the streets of London and keep the public safe”.

Police officers did not know who was driving the Audi on the night Mr Kaba died, but they did know it had been used as a getaway car in a shooting in Brixton, south London, the night before.

It was also linked to the Hackney nightclub shooting for which Mr Kaba would have stood trial for attempted murder.

The prosecution case was that he had gunned down a key figure in a rival gang after spotting him at the Oval Space nightclub in Hackney, north London, early on August 30 2022.

Footage allegedly shows him firing the gun in the crowded club and again taking aim at his victim outside, before Brandon Malutshi, a member of the rival 17 gang, collapses to the ground.

Before Mr Blake’s trial began, his defence team had argued that the full background should be put before the jury, because the nightclub shooting explained why Mr Kaba wanted to escape police.

Patrick Gibbs KC said Mr Kaba had been intent on getting away “at any costs no matter the danger to another person”.

Neither the rapper’s gang history nor criminal record was revealed in the trial of firearms officer sergeant Mr Blake after a senior judge ruled it had no bearing on the issues for jurors to decide.

Anger has been sparked on all sides following Mr Blake’s acquittal in just over three hours by a jury at the Old Bailey on Monday.

Matt Cane, general secretary of the Metropolitan Police Federation, welcomed Mr Justice Goss’s decision to allow reporting of Mr Kaba’s history and maintained Mr Blake should “never have stood trial”.

He added: “The ramifications of this case remain widespread; police officers should not have their livelihoods, and their liberty, put at risk for performing what unequivocally, in this case, was his lawful and appropriate function.”

Mr Kaba’s family said they are “devastated” at the verdict, and have vowed to keep on fighting for justice for their son.

Police figures have questioned why the case was ever brought to court, with colleagues said to “remain astonished” that Mr Blake ever faced charges.

A fellow firearms officer who was at the scene on the night Mr Kaba died told Radio 4’s Today programme “at no point was there any evidence that (Mr Blake) had done anything wrong”.

The former marksman called for police officers who take fatal shots to face court martial-style hearings rather than jury trials, adding: “There’s a problem when police officers are scrutinised by people who don’t necessarily understand the pressures and the issues involved.”

Mr Blake will be immediately reinstated to his job, but will need to undergo refresher training before being deployed operationally.

Before the jury delivered its verdict on Monday, it had sent a note to Mr Justice Goss asking for permission also to pass comment, which was denied.

Following speculation about what the jury might have said, the media, supported by a lawyer for Mr Kaba’s family, asked the senior judge to release the note.

Mr Justice Goss refused.