Firearms Officer Faces Gross Misconduct Hearing Over Jermaine Baker Shooting

Undated family handout photo of Jermaine Baker, who was shot dead by police near Wood Green Crown Court on Dec. 11, 2015. Baker family/PA

A police firearms officer who shot dead Jermaine Baker in north London in December 2015 is to face a gross misconduct hearing after a Supreme Court ruling that upheld a decision by the Independent Office for Police Conduct (IOPC).

The officer, who has been identified only as W80, fired at Mr. Baker, 28, from point blank range during an operation on Dec. 11, 2015 to prevent a gangster being sprung from a prison van as it approached Wood Green Crown Court.

The decision comes only days after another police firearms officer, identified only as NX121, was charged with the murder of Chris Kaba in September 2022.

Both Mr. Kaba and Mr. Baker were black men who were found to be unarmed at the time, although a replica Uzi submachine gun was found in the car Mr. Baker was in.

Undated family handout photo issued by charity INQUEST of rapper Chris Kaba who was shot by armed officers from the Metropolitan Police at Kirkstall Gardens, Streatham Hill, south London, on Sept. 5, 2022. INQUEST via PA Media

The decision to charge NX121 has been met with a furious reaction by his colleagues in the Metropolitan Police, many of whom have threatened to lay down their weapons if a judge rules next week that an order granting him anonymity can be lifted.

Now the IOPC has ordered W80 to face a gross misconduct hearing.

The Independent Police Complaints Commission—which was replaced by the IOPC in 2018—completed an independent investigation into the Jermaine Baker shooting in December 2016. It sent a report to the Crown Prosecution Service, which decided not to charge W80, and recommended W80 had a case to answer for gross misconduct.

‘Honest but Mistaken Belief’ W80 Was in Danger

It ruled, “Any honest but mistaken belief held by W80 concerning the danger he faced could only be relied upon if it was an objectively reasonable mistake to have made.”

The Met demurred and in 2018 supported W80 when he exercised his right to challenge the IOPC’s decision through the courts.

That process finally ended in July 2023 when the Supreme Court ruled in favour of the IOPC.

Ironically a public inquiry had ruled in July 2022 Mr. Baker had been lawfully killed during a police operation.

Mr. Baker was a member of a gang who were plotting to free Izzet Eren, a Turkish gangster from north London, from a prison van as it took him to a hearing at Wood Green Crown Court.

Scotland Yard had been tipped off and the bid to free him was aborted after Mr. Baker was shot dead by police as he waited in a stolen Audi A3 car near the courthouse.

In a statement on Friday, the IOPC said, “Due to the delay caused by the legal proceedings and some new evidence from the public inquiry into Mr. Baker’s death, we decided to review our decision and invited representations from W80 and Mr. Baker’s family.”

IOPC ‘Confirmed Original Decision’

“Having considered these and taken additional independent advice, which we received last week, we have confirmed our original decision that the officer should face a disciplinary hearing,” it added.

The IOPC said they had also asked the Met to consider asking another force to hold the hearing to provide “additional reassurance about the independence of the process.”

IOPC Acting Director General Tom Whiting said, “This case has been through protracted legal proceedings which have been extremely challenging for everyone involved, not least W80 himself and Jermaine’s family.”

He said: “Following the Supreme Court ruling, we carefully reviewed our original decision. We considered evidence from the public inquiry, we invited additional representations from all parties, and sought additional independent assurance.”

Mr. Whiting said: “We have now upheld our original decision that W80 should face a gross misconduct hearing. This isn’t a decision we have taken lightly, but we believe that it was the right decision in 2015 and remains so following the clear ruling from the Supreme Court in July.”

The Met said it was reviewing the IOPC’s decision.

‘Significant Personal Impact’

Deputy Commissioner Dame Lynne Owens said, “Today’s announcement follows protracted legal proceedings which we know have had a significant personal impact on Mr. Baker’s family, the officer, their family, and colleagues.”

She said: “A public inquiry, concluded in July 2022, determined Mr. Baker was lawfully killed. We disagreed with the IOPC decision to direct we hold a gross misconduct hearing for W80 and wrote in detail to the IOPC inviting it to review and reconsider its direction. We wrote to the IOPC more than a year ago and have today been informed of its decision.”

“The IOPC has told us that the direction to bring proceedings stands and we must hold a misconduct hearing. We will review the IOPC decision and reasons and consider our next steps,” Dame Lynne added.

The Met rejected the IOPC’s claims about the impartiality of the misconduct hearing process and said they would be seeking legal advice in light of the IOPC’s request for an outside force to hold the hearing.

The inquiry’s report (pdf) said there were a number of “failures” in Operation Ankaa—the police’s attempt to intercept and stop the escape plot—which included “failure properly to consider any outcome other than armed interception,” “failure to engage with Her Majesty’s Prison and Probation Service about Izzet Eren’s escape risk,” and failure to inform Serco, the company transporting Mr. Eren, of the escape plan.