The firearms officer who killed Jermaine Baker during a foiled prison breakout more than seven years ago will face misconduct proceedings, the police watchdog has announced.
Mr Baker, 28, of Tottenham, north London, was shot during a Metropolitan Police operation which thwarted a plot to snatch two prisoners from a van near Wood Green Crown Court in December 2015.
An inquiry last year concluded that he had been lawfully killed, but criticised the force for multiple failings in the operation.
On Friday, the Independent Office for Police Conduct (IOPC) revealed that the officer, known only as W80, will finally face a gross misconduct hearing. It follows a Supreme Court judgement earlier this year which ruled he could face misconduct proceedings after a lengthy legal battle with marksmen, who was supported by the Met.
Mr Baker’s mother Margaret Smith welcomed the disciplinary action, adding that officer W80 has spent more than four years “trying to avoid” a misconduct hearing.
Prosecutors initially decided not to bring criminal charges against the officer in 2017, but the IOPC directed the force should bring disciplinary proceedings against him for gross misconduct.
That decision was quashed by the High Court in August 2019, after it was challenged by Officer W80, but the Court of Appeal overturned that ruling in October 2020 after the IOPC brought an appeal.
In July of this year, the Supreme Court upheld the Court of Appeal’s ruling and dismissed an appeal by Officer W80, which was supported by the Met.
A panel of five justices unanimously ruled the IOPC applied the correct legal test when directing the Met to bring disciplinary proceedings against the officer.
The judges held that the civil, and not criminal, law test applies in disciplinary proceedings in relation to the use of force by a police officer in self-defence.
Unarmed Jermaine Baker was ‘lawfully killed’ when he was shot by a firearms officer during a foiled prison break, but police made numerous failures in the planning and execution of the operation, an inquiry concluded (Family handout/PA)— (PA Media)
IOPC acting director general Tom Whiting said: "This case has been through protracted legal proceedings, which have been extremely challenging for everyone involved, not least W80 himself and Jermaine's family.
"Following the Supreme Court ruling, we carefully reviewed our original decision. We considered evidence from the public inquiry, we invited additional representations from all parties, and sought additional independent assurance.
"We have now upheld our original decision that W80 should face a gross misconduct hearing. This isn't a decision we have taken lightly, but we believe that it was the right decision in 2015 and remains so following the clear ruling from the Supreme Court in July.
"It's important to stress that the IOPC does not decide whether or not W80's actions amounted to gross misconduct - that is the role of the hearing panel who will come to a decision after considering all of the evidence."
The IOPC said it has asked the Metropolitan Police to consider asking another force to hold the hearing to "provide additional reassurance about the independence of the process".
Mr Baker’s mum Margaret Smith said officer W80 has spent more than four years “trying to avoid” misconduct proceedings— (PA)
Mr Baker's mum Margaret Smith said she “strongly supports” the request for another force to conduct the disciplinary hearing.
She also accused the Met Police Commissioner of "capitulating to the demands of firearms officers" after he wrote to the Home Secretary last week calling for legal reassurances for firearms officers.
Sir Mark Rowley’s letter came after more than 100 firearms officers reportedly refused to carry weapons last weekend amid fears over legal protections, forcing the Met to draft in armed support from other police forces.
She said in a statement on Friday: “The Commissioner’s position seriously calls into question whether, when push comes to shove, he and the MPS as an organisation have the will or the ability, in Jermaine’s case and others, to hold his officers to account for misconduct."
She added: “I note that the IOPC have asked the Commissioner to consider asking another force to hold the hearing to provide reassurance about the independence of the process. This is a request that we strongly support."
The Metropolitan Police said it was reviewing the IOPC’s decision, adding that the force is seeking legal advice over the request for another force to carry out the disciplinary procedure.
Deputy Commissioner Lynne Owens said: “We will review the IOPC decision and reasons and consider our next steps.
“We note that the IOPC has asked the MPS to consider asking another force to hold the hearing to provide additional reassurance about the independence of the process.
“We do not accept that our wider call for support and legal reassurance for armed officers impinges upon our independence, nor the impartiality of the misconduct hearing process. We will be seeking legal advice in light of the IOPC’s request.”
Mr Baker was among a group of men trying to free Izzet Eren and his co-defendant as they were transported from Wormwood Scrubs to be sentenced for a firearms offence.
A number of men were jailed in 2016 for their parts in the plot.
