Ex Met chief Lord Hogan-Howe slams 'awful' gross misconduct probe into officer who shot dead Chris Kaba

Former Met police chief Lord Bernard Hogan-Howe has blasted the ‘awful’ decision for the officer who shot dead gangster Chris Kaba to face a gross misconduct hearing.

Yesterday watchdog the Independent Office for Police Conduct (IOPC) said Metropolitan Police officer Martyn Blake, 41, will still have to face gross misconduct proceedings - after being cleared by a jury. It means he is facing the sack depending of the outcome of the hearing. A date has not yet been set.

Speaking to LBC this morning, Lord Hogan-Howe said: "I think it's awful. I wasn't a supporter of (the IOPC's) first decision to charge Sergeant Blake with murder in these circumstances. And of course until we hear it in court, none of us can be sure about what the circumstances are.

“But it always sounded odd to me. And then of course, it took a jury only three hours to decide that this was, well, nonsense. In the end it wasn't murder.

“And now we have the IOPC deciding that on the same basis, they'll now say it's gross misconduct because it's a lower standard. Well, of course it's a lower standard, but it's, it's the same set of circumstances and it's the same issue. Did the officer take the right decision at the time, unfortunately and tragically to shoot dead Chris Kaba?

“Officers must be furious who are still carrying firearms. And now the sergeant's got to wait another, I suspect at least a year to two years, potentially for the misconduct hearing.

“We in this country very rarely shoot people. It is a shocking thing when an officer shoots someone, but probably once or twice somebody's shot dead.

“They probably only discharged the weapons across the country probably about 10 times, something of that order. You consider in America, they shoot dead about 3 of their citizens a day.

"I think the rarity of the event in the UK leads to some really odd decisions when it comes to the investigation.

“As though the officer went to work that day to do what? To kill somebody? Well, of course they didn't.

“They went to work to try on our behalf to keep us safe. And they have to make that decision in a fraction of a second. And the vast majority of the time they've got it right."

Pc Blake shot Kaba, 24,, in Streatham, south-east London, in September 2022 after he tried to ram his way past police cars that had hemmed him in.

He was cleared of murder over the shooting in October, but on Wednesday watchdog the Independent Office for Police Conduct (IOPC) said he will still have to face gross misconduct proceedings.

IOPC director Amanda Rowe said: “This is a decision we have taken based on examining all the evidence, views of all parties and by applying the thresholds set out in legislation and guidance which govern our work.

“The legal test for deciding whether there is a case to answer is low – is there sufficient evidence upon which, on the balance of probabilities, a disciplinary panel could make a finding of misconduct. This has been met and therefore we need to follow the legal process.

“We appreciate that the Home Office is carrying out a review of the legal test for the use of force in misconduct cases, however, we must apply the law as it currently stands.”

Metropolitan Police bosses had argued that the evidence against Mr Blake had been “tested significantly” during the trial and that the IOPC should reconsider whether he should face a disciplinary hearing.

Matt Cane, general secretary of the Metropolitan Police Federation that represents rank and file officers in the force, said: “This is frankly a nonsensical ruling by the IOPC that will shock police officers across London and indeed the country.

“Police officers should not have their livelihoods or liberty put at risk for performing what unequivocally, as has been found in a court of law, is their lawful and appropriate function.

“And yet putting this brave officer on trial for murder – as astonishing as that was – was not enough for the IOPC. Being cleared unanimously by a jury who heard all the evidence was not enough for the IOPC. They have now decided to put him and his family through more torment.

“This is not accountability. This is not in the public interest. This is not right or fair or just.

“We will be vigorously defending the actions of Sgt Blake at any conduct proceedings.”

If the hearing finds he committed gross misconduct he could face the sack.

On the night Mr Kaba died, police began following the Audi Q8 that he was driving because it had been used as a getaway car in a shooting in Brixton, south London, the night before.

They did not know who was driving the car at the time, although it later emerged Mr Kaba was a core member of one of London’s most dangerous street gangs and was accused of being involved in two shootings in the week before he died.

Dozens of Metropolitan Police armed officers downed tools in outrage when Mr Blake was charged with murder and the army was put on standby to plug the gap.

On Wednesday, Met Police Assistant Commissioner Laurence Taylor, using the cypher NX121 that was given to Mr Blake before a judge ruled he could be publicly named, said: “NX121 made a split-second decision on what he believed was necessary to protect his colleagues and London and a jury unanimously decided that was an honestly held belief and the force used was reasonable.

“However, the IOPC has now determined that NX121 has a case to answer for his use of force and has directed us to hold a gross misconduct hearing.

“We know another lengthy process will fall heavily on the shoulders of NX121 and more widely our firearms officers, who continue to bravely and tirelessly police the streets of London every day to protect the public.”

A chief officer from an outside force will be asked to chair the disciplinary hearing, which will be held in due course, the force said.

In a statement issued through the charity Inquest, Mr Kaba’s family welcomed the IOPC’s decision.

“We hope this leads to him being removed from the Met Police,” they said.

“What Martyn Blake did was deeply wrong. We are still so devastated to have lost Chris – this should never have happened.

“The fact that the Met promoted Martyn Blake after the verdict only deepened our pain and showed a complete disregard for our loss.

“Martyn Blake should not be allowed to remain a police officer. He should lose his job.”

Deborah Coles, director of Inquest, called it “reprehensible” that the Met had to be directed to hold a disciplinary hearing.

Shadow home secretary Chris Philp said he was “deeply disappointed” by the watchdog’s decision.

Writing on X, he said: “We need to support police officers who do difficult things to protect the public, provided they act in accordance with the law, as a jury found this officer did.

“This has hung over Sergeant Blake for too long. I think the IOPC has got this wrong.”

Conservative Party leader Kemi Badenoch also said the IOPC was “wrong”, suggesting Mr Blake should have received a “commendation” and urging the Government to “get a grip of this issue urgently”.

A Home Office spokesperson said: “The IOPC is independent and we do not routinely comment on individual case decisions.

“Cases in the police misconduct system often take too long and the Government is taking action to speed these up, providing clarity to officers and giving the public confidence in those who protect them.”