Misconduct case dropped for Met officer

The misconduct hearing of the Metropolitan Police firearms officer who fatally shot a man during a prison break in 2015 has been halted.

The officer, known only as W80, killed Jermaine Baker as police stopped a plot to kidnap two prisoners from a van near Wood Green Crown Court in north London.

The abuse lawsuits involving W80 come after years of legal battles over the case. The officer was charged with violating professional standards regarding use of force.

Mr Baker’s family said they “never had confidence in this gross misconduct hearing conducted by the Met Police”.

The hearing at Palestra House was adjourned because the panel found there was no case to answer.

Mr Baker, from Tottenham, north London, was shot at point-blank range by specialist counter-terrorism firearms officer W80, who thought he was reaching for a gun.

Mr Baker, a father of two, was sitting in the front passenger seat of a stolen car in which an imitation firearm was later found.

Panel chair Chris McKay said the full reasons for this finding would be released within the next five business days.

W80 was a counter-terrorism firearms officer in the “highest echelon” of armed officers in the country and had been trained to carry weapons since 1998.

Prosecutors said in 2017 that there wasn’t enough evidence to file criminal charges in the shooting, but the police watchdog ordered the officer to face a misconduct hearing.

This led to a long legal battle between the watchdog, the Independent Office for Police Conduct (IOPC) and the officer, supported by the Met.

In 2023 the Supreme Court ruled in favor of the IOPC, meaning the abuse hearing would go ahead.

There was also a public inquest into Mr Baker’s death, which concluded he was lawfully murdered in 2022.

Mr Baker’s mother, Margaret Smith, said she was “in no way surprised” the case was dismissed.

“We have heard the evidence about what happened to Jermaine and we know there was no justification for his death,” he said.

“My family and I will remember Jermaine for the man we knew. The numerous legal proceedings we have had to endure over the last 10 years have prevented us from grieving his loss.

“That will be our focus now, and we want to be left specifically to do that.”

Speaking outside New Scotland Yard, Metropolitan Police Commissioner Sir Mark Rowley said the result was correct.

“This follows a criminal investigation and public inquiry which found W80 acted appropriately during a fast-moving police operation to stop a highly dangerous gang from releasing prisoners,” he said.

“W80 should never have been put in this situation, an astonishing 10 years after the incident in which he was once again forced to justify his actions to counter the very real threat he believed he and his colleagues faced that day.

“In a recent one-on-one meeting with W80, I was both saddened and angry to see the impact this decade-long legal frenzy has had on him and his family.”

Sir Mark added: “We need to overhaul how policing decisions made in seconds are reviewed later with the benefit of freeze-frame hindsight.

“In fact, the current system allows criminals and their legal teams to use these decisions as weapons against officers, undermining their confidence in pursuing criminals or using force.”

Paula Dodds, chief executive of the Metropolitan Police Federation, described being a firearms officer in London as “one of the toughest jobs in the world”.

“Police officers are the most responsible of public services. So how can it be right for a police officer who protects the public from dangerous criminals to carry such a case in his mind for ten years? It is extremely worrying that this case has taken so long.

“We need those who make decisions that potentially affect the livelihoods and freedoms of our colleagues in the criminal justice system to have some understanding of the environment in which we work and the reality of policing in London.”

IOPC director Amanda Rowe said her thoughts were with Mr Baker’s family, friends and everyone affected by his death.

“This case highlights the complexity of the police accountability system, which leaves it open to legal challenges and long delays that have a detrimental impact on the trust of both the public and the police officers involved.” he said.

“We do not underestimate the impact of these delays on Mr. Baker’s family, the officer involved and everyone affected.”