A Metropolitan Police marksman has been acquitted of murdering unarmed driver Chris Kaba in a police shooting.
Jurors took almost three hours to find Martyn Blake, 40, not guilty of murder in a unanimous verdict following a three-week trial at London’s Old Bailey.
The firearms officer shot the 24-year-old in the forehead through the windscreen of an Audi Q8 in Streatham, south London, during a police stop on 5 September 2022.
The prosecution alleged that it was “not necessary” for the officer to fire his gun after armed police had boxed in the 24-year-old driver. They also claimed the police officer’s initial account of the shooting was “false” in some parts and “exaggerated” in others, the trial heard.
However Mr Blake, who denied murder, insisted he feared for his life and his fellow officer’s safety after Mr Kaba had tried to smash and ram his way out.
In a statement after the court hearing, Mr Kaba’s family said they were “devastated”, adding: “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.”
The verdict reignited debate over police accountability, with Conservative Party leadership hopeful Robert Jenrick hailing the officer a “hero” in a post on Twitter/X as he branded the decision to prosecute him “wrong”.
However, the Crown Prosecution Service (CPS) defended the decision to press charges, arguing the test was met after an “in-depth consideration” of the evidence.
Meanwhile, Metropolitan Police commissioner Sir Mark Rowley announced the officer’s suspension from duties will be immediately lifted as he reiterated concerns the system holding police to account is “broken”.
The trial heard the Audi that Mr Kaba was driving had been used as a getaway vehicle in a shooting in nearby Brixton the night before and was followed when a police officer recognised the number plate.
The jury of nine men and three women was told by prosecutor Tom Little KC that Mr Blake had misjudged the risk to his colleagues and had aimed for Mr Kaba’s head when taking the fatal shot.
He also alleged the officer exaggerated the threat in statements following the shooting, incorrectly stating that the Audi had been driven towards him and a colleague.
Mr Blake said the driver of an unmarked police Volvo could have been killed when the Audi reversed into it at 8mph, which prosecutors said was “a gross exaggeration”.
But the defendant told the court he genuinely believed one of his colleagues was about to die.
A fellow firearms officer known as DS87 said he would have taken a shot if Mr Blake had not. Another identified by the cypher E156 said he was “fractions of a second” away from doing the same.
A third officer, NX109, got the finger of his glove caught in the Audi’s door handle and just managed to wrench it free as it moved forward, telling the jury he thought he would be dragged between it and a Tesla parked nearby.
Jurors were shown dramatic body-worn camera footage from a string of officers who were at the scene of the 15-second incident.
In a statement read to jury, Mr Blake apologised for the “distress” caused to the family of Mr Kaba but insisted the shooting was “lawful, proportionate and necessary”.
Defence barrister Patrick Gibbs KC told jurors that Mr Blake was not a “RoboCop with total vision and nanosecond reactions like a computer” – insisting he was simply doing his job to the best of his ability.
He said: “If the way he saw the world was like the internal screen of RoboCop, able to respond just like that to everything, then maybe you would be right as the split second of the shot would be like the split second on screen.
“But he isn’t, is he? None of us is. He is not a robot, he is a human being with a human brain who did this to the best of his ability.”
Police watchdog the Independent Office for Police Conduct (IOPC) will now consider whether Mr Blake should face a disciplinary hearing.
The CPS’s decision to charge the officer with murder sparked a backlash from armed police last year, with more than 100 temporarily handing in their firearms accreditation and refusing to carry their guns.
Police bosses raised concerns that officers would no longer be willing to volunteer to take on firearms training due to the levels of scrutiny that they could face if they had to take a fatal shot.
Since 2004, only one other officer has been charged with murder following a fatal police shooting. PC Anthony Long was found not guilty of murder following a trial in 2015 over the death of Azelle Rodney in 2005.
Home secretary Yvette Cooper said: “For two years since the death of Chris Kaba, this has been a very difficult case, causing deep concerns for communities, for police officers and of course causing real distress for the families most closely affected.
“The jury has come to a conclusion – sergeant Martyn Blake has been acquitted – and it is imperative that is respected and everyone is given the space to process the verdict.
“Criminal prosecutions brought against police officers for actions taken in the course of their duties are extremely rare. Each day, police officers across the country work hard with bravery and integrity to keep the public safe.”
Frank Ferguson, head of the CPS Special Crime and Counter Terrorism Division, defended the decision to charge the officer. He said: “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.”
Amanda Rowe from the IOPC added: “We appreciate this trial will have been of significant public interest, and particularly so within our black communities.
“The decisions to criminally investigate Mr Blake, and then to refer the case to the Crown Prosecution Service, 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.”
