The police marksman who shot Chris Kaba dead insisted he opened fire in a “lawful, proportionate and necessary” action to try to save the lives of his colleagues, the Old Bailey has heard.
Martyn Blake, 40, is accused of murdering 24-year-old Mr Kaba, who was shot in the head through the windscreen of an Audi during a police stop in Streatham, south London.
Blake, who denies the charge, gave statements to the Metropolitan Police and the Independent Office for Police Conduct (IOPC) when he was under investigation over the September 5 2022 shooting.
He claimed to have been in fear that “one or many” of his police colleagues could be killed during the incident, describing his actions as “lawful and appropriate in the circumstances”.
“Although I have tried to pay little attention to media reports of this (event), I am well aware of the enormous distress that the death of Mr Kaba has caused to his family”, he said.
“I am truly sorry that this is the case.
“It is absolutely right that they should grieve and want an explanation and want answers.”
Moments before the shooting, Mr Kaba had tried to get away by driving forward and then reversing into a police car which had blocked him in, jurors have heard.
Police had been looking for the Audi after its registration was linked to reports of gunshots in Brixton, south London, the night before.
Blake said Mr Kaba had appeared to be aware he was being followed by police and looked like he was trying to escape through a gap between the cars that had blocked him in.
Blake said: “There was a lot of noise and shouting of armed police.
“There was a large screeching of an engine revving. I can remember feeling quite frightened and filled with dread at that stage as I could not sense what would happen next.”
In his statement, Blake said “it was my unequivocal belief that the driver was using his car as a weapon” and “he was oblivious to the danger he was causing”.
Blake said officers were shouting “police” and telling the driver to stop.
The marksman said he had “a very clear impression” of at least three or four officers being around the vehicle in “very close proximity” to it as it moved back in what he believed was a fourth attempt to try to escape.
Blake said he took a position with his firearm and pointed his green laser dot in the direction of the driver in the hope that he would stop, but it did not work and he could hear the engine revving.
Blake said he was conscious that his colleagues were getting closer and closer to the driver’s window. As the officers were level with the door, the driver responded in a sudden and quick movement and still had both hands on the wheel.
Blake said he heard “a sudden roar of the engine” and believed if the car reversed, the officers were in “imminent danger” of death.
He said: “If the car managed to travel even a short distance, the officers would have been taken up underneath the front or rear wheels.”
None of his colleagues were wearing helmets and Blake said his assumption was that they were in danger as they could be killed if the car moved forward and “nothing suggested that he (the driver) was listening to the officers – it was the exact opposite”.
Blake said he felt that “in that split second that the only thing appropriate to do” was to incapacitate the driver.
In his statement, he said: “I believe the discharge of my firearm in those circumstances was lawful, proportionate and necessary.
“I fired to save the lives of my colleagues.
“It was my genuine belief that if I had not incapacitated the driver, the vehicle would have continued to move forward with one or more of my colleagues going under and being killed.”
He said he believed he had “no other legal option available” in that split second and if he had not done anything, the driver could have moved off and “I would have been watching one or of my colleagues die”.
Blake faces claims from the prosecution that he used unreasonable lethal force while “angry, frustrated and annoyed”.
Opening the case, prosecutor Tom Little KC suggested Blake had decided to shoot when “it was not reasonably justified or justifiable”.
Blake denies murder. The trial continues.
