Jermaine Baker: Met Police officer's appeal rejected by Supreme Court

Father-of-two Jermaine Baker was shot during a foiled attempt to free an inmate from a prison van

The Supreme Court has dismissed an appeal by a Met Police officer who fatally shot a man in north London in 2015.

Jermaine Baker, 28, was killed during a foiled attempt to free an inmate from a prison van near Wood Green Crown Court.

The officer who fired the fatal shot, known as W80, was challenging a police watchdog's decision to bring gross misconduct proceedings against him.

Mr Baker's mother Margaret Smith called on the Met to "respect" the ruling.

"It is now more than seven and a half years since Jermaine was shot while he was unarmed and trying to put his hands up," she said.

"Throughout that time, W80 has fought tooth and nail to avoid facing justice for what he did, including by taking the matter right to the Supreme Court."

'Never forget'

In 2017, the Crown Prosecution Service decided not to bring criminal charges against W80.

But following an investigation by the watchdog the IPCC - now known as the Independent Office for Police Conduct (IOPC) - it was ruled that the Met should bring disciplinary proceedings against the officer for gross misconduct, on the basis he had held an unreasonable belief that he was in imminent danger when he shot Mr Baker.

That decision was quashed by the High Court in August 2019 but the Court of Appeal overturned this ruling in October 2020 after the IOPC brought an appeal. On Wednesday, a panel of five justices at the Supreme Court unanimously ruled that the IOPC had applied the correct legal test when directing the Met to bring disciplinary proceedings.

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The IOPC said it would now review whether there remained a disciplinary case for W80 to answer, taking into account the latest ruling, evidence heard during the public inquiry into Mr Baker's death, and representations from W80 and Mr Baker's family.

IOPC acting director general Tom Whiting said: "We must never forget that at the heart of this case is a man who lost his life and our thoughts remain with Jermaine's family and everyone affected.

"[The ruling] provides vital clarity which will have important implications for police accountability when force is used."

Met commander for armed policing Fiona Mallon said the force would continue to support W80 and his family.

"Today's judgment has implications for use of force by all police officers and we will need time to consider the detail with policing colleagues nationally," she said.

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