A Metropolitan Police firearms officer who shot and killed a man during a botched prison escape eight years ago is set to face a gross misconduct hearing.
Jermaine Baker was shot in December 2015 when police foiled a plan to free gang leader Izzet Eren and his co-defendant from a van near Wood Green Crown Court. Baker was among the group of men attempting to snatch them as they were on their way to be sentenced.
In 2017 prosecutors decided not to bring criminal charges against the marksman, known only as W80. The Independent Office for Police Conduct (IOPC) then said disciplinary proceedings should be brought against the officer, although that decision was blocked by the High Court in August 2019.
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The IOPC then appealed that ruling and it was overturned by the Court of Appeal in October 2020. In July this year the Supreme Court upheld the Court of Appeal’s ruling, despite an appeal from W80.
The IOPC has now said W80 will face misconduct proceedings. It comes after the watchdog reviewed its decision to bring proceedings against the officer.
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 who will come to a decision after considering all of the evidence.”
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