Case dropped for Met officer who shot unarmed man

Father-of-two Jermaine Baker was shot near Wood Green Crown Court as police foiled a planned snatch of two prisoners

A misconduct hearing for a Metropolitan Police firearms officer who fatally shot a man during a foiled prison break in 2015 has been discontinued.

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

The misconduct proceedings involving W80 came after years of legal battles over the case. The officer was accused of breaching professional standards regarding the use of force.

Mr Baker's family said they "never had any faith in this gross misconduct hearing, conducted by the Met Police".

The hearing at Palestra House was thrown out, with the panel finding there was no case to answer.

Mr Baker, from Tottenham, north London, was shot at close range by counter-terrorism specialist 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 chairman Chris McKay said the full reasons for that finding would follow within the next five working days.

Mr Baker was in the passenger seat of a car, unarmed, when he was killed

W80 was a counter-terrorism firearms officer in the "highest tier" of armed officers in the country and had been trained to carry a gun since 1998.

Prosecutors said in 2017 that there was insufficient evidence to bring criminal charges over the shooting, but a police watchdog directed that the officer should face misconduct proceedings.

This sparked a lengthy legal battle between the watchdog, the Independent Office for Police Conduct (IOPC), and the officer, who was supported by the Met.

In 2023, the Supreme Court found in the IOPC's favour, meaning the misconduct hearing would go ahead.

There was also a public inquiry into Mr Baker's death, which concluded in 2022 that he had been lawfully killed.

'No justification'

Margaret Smith, Mr Baker's mother, said she was "not surprised whatsoever" about the dismissal of the case.

"We have heard the evidence about what happened to Jermaine and we know that there was no justification for his death," she said.

"My family and I will remember Jermaine as the man we knew. The multiple legal processes we have had to endure over the last 10 years have prevented us grieving his loss.

"That will be our focus now and we ask to be left in private to do so."

Sir Mark Rowley said the firearms officer endured a "decade of legal madness"

Speaking outside New Scotland Yard, Metropolitan Police Commissioner Sir Mark Rowley said the outcome was the right one.

"It follows a criminal investigation and a public inquiry that both found W80 acted appropriately during a fast-moving police operation to stop a highly dangerous gang freeing the prisoner," he said.

"W80 should never have been put in this position an astonishing 10 years after the incident of having to once again justify his actions to counter a very real threat that he believed that he and his colleagues faced that day.

"In a recent one-to-one meeting with W80, I was left both upset and angry to see the effect this decade of legal madness has had on him and on his family."

Sir Mark added: "We must overhaul how policing decisions, which are taken in split seconds, are later reviewed with the benefit of hindsight on freeze-frame.

"Indeed, the current system allows criminals and their legal teams to weaponise those decisions against officers, undermining their confidence to pursue criminals or to use force."

Mr Baker was killed as police stopped a plot to snatch two prisoners from a van near Wood Green Crown Court

Paula Dodds, chairwoman of the Metropolitan Police Federation, described being a firearms officer in London as "one of the world's toughest jobs".

"Police officers are the most accountable of public services. But how can it be right for a police officer protecting the public from dangerous criminals to have such a case hanging over them for a decade? It's hugely concerning that this case lasted so long.

"We need those in the criminal justice system making decisions potentially affecting our colleagues' livelihoods and liberty to have some understanding of the environment we work in and the reality of policing London."

IOPC director Amanda Rowe said their thoughts remained with Mr Baker's family and friends and everyone impacted by his death.

"This case highlights the complexities of the police accountability system, which leave it open to legal challenges and lengthy delays that have a detrimental impact on the confidence of both the public and the police officers involved," she said.

"We do not underestimate the impact these delays have had on Mr Baker's family, the officer involved, and everyone affected."