Met marksman who shot Chris Kaba, 24, dead after he rammed his Audi into police is found not guilty of murder
Date: 2024-10-21
A MET marksman who shot Chris Kaba dead has been found not guilty of his murder.
Met firearms officer Martyn Blake, 40, was unanimously acquitted by an Old Bailey jury today.
Chris Kaba was shot dead through his windscreen[/caption]
Bodycam footage from Martyn Blake seconds before he shot Chris Kaba dead[/caption]
Armed officers surrounded the Audi in a residential road[/caption]
An aerial view of Kirkstall Gardens, where the shooting took place[/caption]
A police cordon near the scene in South London[/caption]
Sgt Blake shot the 24-year-old in the head as he tried to ram his Audi at cops in September 2022.
The prosecution suggested Blake may have been “angry, frustrated and annoyed†because Kaba refused to comply with police.
But Blake told jurors he fired as he feared a colleague would be killed by the vehicle in Streatham, South London.
The jury deliberated for three hours before clearing Mr Blake.
Mr Blake breathed out, puffed his cheeks and turned away in an apparent show of relief as the verdict was returned.
He had been suspended throughout the period – but the Metropolitan Police confirmed this will be lifted immediately.
Kaba’s family sat in silence and made no immediate reaction.
The court earlier heard how Kaba died of a single gunshot wound shortly after midnight on September 6, 2022.
Police had started tailing his Audi Q8 after an officer recognised the number plate.
The vehicle had been to a shotgun-related incident in nearby Brixton the previous night.
Officers, who did not know who was driving the car at the time, then stopped the vehicle in Kirkstall Gardens.
Hemmed in by marked and unmarked police cars, Kaba then began reversing and driving forward to try and ram his way out.
Mr Blake, who believed one of his colleagues may have been about to be killed, then fired a shot to stop the car.
During the trial, prosecutors argued Mr Blake had misjudged the risk and exaggerated the threat to his colleagues in statements following the shooting.
But jurors also heard a series of glowing testimonials from colleagues and senior officers.
Defence barrister Patrick Gibbs KC said Mr Blake was no “RoboCop” with the “nanosecond†reactions of a computer.
He told jurors: “He is not a robot, he is a human being with a human brain who did this to the best of his ability.”
Giving evidence in his own trial, Mr Blake said he had been “filled with dread” when he fired the fatal shot.
He said he heard wheel-spinning and the car’s engine revving as armed officers tried to get Mr Kaba to get out of the car.
Asked by his barrister Patrick Gibbs KC why he had opened fire, he said: “I had a genuine belief that there was an imminent threat to life, I thought one or more of my colleagues was about to die.
“I thought I was the only person with effective firearms cover at the time.
“If I hadn’t acted I thought one of my colleagues would be dead. I felt I had a duty to protect them at the time.”
Met Commissioner Mark Rowley: 'I worry about lack of support officers face'
Commissioner Sir Mark Rowley said: “The jury system is the cornerstone of British justice and today, after two weeks of evidence, 12 men and women have cleared Sgt Martyn Blake of murder.
“Over the past two years Sgt Blake has paid a huge personal and professional sacrifice. This has been an incredibly difficult time for him and his family and he has acted with professionalism and dignity throughout.
“This case has had an enormous impact on many. Chris Kaba’s family and friends continue to grieve the loss of a loved one and today will be tremendously difficult for them.
“Today’s verdict is significant. No firearms officer sets out on duty intent on ending a life. Their sole purpose is the complete opposite – the protection and preservation of life.
“Throughout the trial the jury heard significant detail about the scenes facing Sgt Blake that night. They were told the car Mr Kaba was driving had been linked to a reported shooting the night before, the suspects were still at large, and no gun had been recovered.
“Armed officers bravely intervened not knowing the risks they were about to face. The court heard that Mr Kaba tried to evade police, ramming his vehicle into others around him.
“Sgt Blake made a split-second decision on what he believed was necessary to protect his colleagues and to protect London. The jury decided that was an honestly held belief and the force used was reasonable.
“Any fatal use of force understandably prompts huge concern among communities, particularly in Black communities where trust in policing is low. There remains much for us to do to strengthen confidence in our service, and we know incidents like this place further strain on already challenged relationships.
“No police officer is above the law, but we have been clear the system holding police to account is broken. I worry about the lack of support officers face for doing their best, but most of all I worry for the public. The more we crush the spirit of good officers, the less they can fight crime. That risks London becoming less safe. ”
Blake said he was aware he may have to shoot someone as a trained firearms officer, but added: “You hope it won’t happen to you.”
Mr Gibbs told the court opened fire because “he simply and honestly believed that he needed to”.
Speaking after the verdict was delivered, Metropolitan Police Commissioner Sir Mark Rowley said Mr Blake had paid “a huge personal and professional sacrifice” over the past two years since the shooting.
He said the officer made “a split-second decision on what he believed was necessary to protect his colleagues and to protect London”.
Police watchdog the Independent Office for Police Conduct will now consider whether Mr Blake should face a disciplinary hearing.
The family of Chris Kaba said they have been left with “the deep pain of injustice” after Mr Blake was cleared of murder.
A statement added: “Today, we are devastated. The not guilty verdict leaves us with the deep pain of injustice adding to the unbearable sorrow we have felt since Chris was killed.
“No family should endure the unimaginable grief we have faced. Chris was stolen from us, and this decision shows his life — and many others like him — does not matter to the system. Our son deserved better.
“The acquittal of Martyn Blake isn’t just a failure for our family, but for all those affected by police violence.
“Despite this verdict, we won’t be silenced. We are deeply grateful to everyone who stood by us and fought for justice.
“We will continue fighting for Chris, for justice, and for real change. Chris’ life mattered, and nothing can take that away from us.”
The Crown Prosecution Service also today defended its decision to prosecute cleared firearms officer Martyn Blake, saying it was “right that the case was put before the jury for them to scrutinise and to decide”.
Full Independent Office for Police Conduct statement
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.â€
Frank Ferguson, head of the CPS Special Crime and Counter Terrorism Division, added: “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.”
Police watchdog the Independent Office for Police Conduct will now consider whether Mr Blake should face a disciplinary hearing.
Helen Lumuanganu and Prosper Kaba, parents of Chris Kaba, at the Old Bailey[/caption]
A cordon at the scene in South London after the shooting[/caption]