29 September 2023 , 11:43
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The Metropolitan Police officer who fatally shot Jermaine Baker in December 2015 will face a gross misconduct hearing, the Independent Office for Police Conduct has said.
The unnamed officer, known only as W80, shot Mr Baker, 28, dead in 2015 during a foiled attempt to free an inmate from a prison near Wood Green Crown Court, in north London. The officer was investigated on suspicion of murder, but the Crown Prosecution Service (CPS) decided not to charge him with any offence in 2017.
Then the Independent Office for Police Conduct (IOPC) decided in 2018 that the officer should face a disciplinary hearing that would allege W80 should not have opened fire and had used excessive force. An enquiry then found it was lawful but there were failings at almost every stage.
Undated family handout photo of Jermaine Baker, from Tottenham in north London (PA)Mr Baker's mum Margaret Smith rejected the conclusion her son did not die as a result of police failings saying they meant her son was "dead before he got in the car". W80 said he fired because dad-of-two Baker failed to comply with his repeated shouted order to place his hands on the dashboard.
The case had continual objections from the officer and the Met which led to a series of legal cases that went all the way to the Supreme Court. Today's announcement means after the hearing W80 could be sacked.
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Baker was one of three men waiting in a stolen Audi A6 to try to break inmate Izzet Eren, a member of the notoriously violent gang the Tottenham Boys, out of a prison van. Tia Demetrio, the mother of Mr Baker's daughter Alexia, said the nine-year-old is "petrified" when she hears sirens or sees police officers. She said: "I am going to go back and explain to her - no matter what this report says - that her father was unlawfully killed, and I will stand by that for the rest of my life."
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.
"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. 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. It's important to stress that the IOPC does not decide whether or not W80's actions amounted to gross misconduct - that is the role of the hearing panel which will come to a decision after considering all of the evidence."