Kaba family 'devastated' as misconduct case paused

The family of a man who was shot dead by a police marksman have said they are "devastated" misconduct proceedings against the officer have been paused.

The Independent Office for Police Conduct (IOPC) said it would wait to issue gross misconduct papers against Metropolitan Police officer Martyn Blake, who shot Chris Kaba in September 2022.

A legal change is expected to come into force in the spring over the tests used to bring criminal charges and misconduct proceedings against officers over use of force.

The IOPC said it was important its decision took into account impending changes but Kaba's family said it was "quite correct" that the officer was facing disciplinary proceedings.

In a statement issued through the charity Inquest, Kaba's family said: "Martyn Blake fatally shot Chris when he was unarmed and without knowing who he was.

"Until today, Martyn Blake was quite correctly facing imminent disciplinary proceedings for that use of force.

"We cannot understand why we, as Chris's family, only learned for the first time today that the Met invited the IOPC to drop proceedings against Martyn Blake back in November.

"We are devastated that the IOPC has decided under this kind of police pressure to put on hold the preparations for Martyn Blake's gross misconduct proceedings."

Blake was cleared of murder after an Old Bailey trial, but is still due to face gross misconduct proceedings over the shooting, a decision branded "nonsensical" by officers' group the Metropolitan Police Federation and opposed by force bosses.

The IOPC ruled in April last year he should face a hearing, a decision welcomed by Kaba's family and Inquest.

On Wednesday, it emerged the Met had invited the IOPC to drop the proceedings in November in light of the impending legal change.

After Blake's acquittal, then home secretary Yvette Cooper vowed to raise the legal test used by prosecutors to determine whether to bring charges against police officers over use of force, into line with the standard used for members of the public.

The test used by the IOPC over whether to bring misconduct proceedings would also be raised to the level used in criminal law, she said.

The IOPC said: "We have decided it is not appropriate to make a decision on whether, in all the circumstances, it's fair and reasonable that Sergeant Blake should continue to face disciplinary proceedings, until we understand the impact of amendments to the use of force standard and any Home Office guidance."

IOPC director Amanda Rowe added: "We recognise the impact of this case on everyone affected and it isn't our intention to delay matters any more than necessary, however it's important that our decision takes account of impending changes to the use of force standard."

The Met's deputy assistant commissioner James Harman - referring to the officer as NX121 - said the force had made "strong representations" to the IOPC that he should not face gross misconduct proceedings.

"The facts have already been fully tested during a criminal trial, which resulted in a jury returning a unanimous not guilty verdict," he said.

"In our view, that should have brought this matter to a clear and definitive conclusion.

"We acknowledge the IOPC's decision to pause proceedings, however, this pause must be as short as possible.

"NX121's life has been effectively on hold for more than three years, and every additional delay prolongs the stress and uncertainty that he and his family are living with.

"We also recognise that this delay will be felt deeply by Mr Kaba's family, who continue to grieve their loss."

He added complex legal frameworks "serve neither officers nor families" and delays add to their distress.