By Tony O’Reilly-
The IOPC has determined that misconduct proceedings should be initiated against a firearms officer known as W80, in connection with the fatal shooting of Jermaine Baker, (pictued)which occurred eight years ago.
The Metropolitan Police Service (MPS) has announced that it will be seeking legal advice in response to a decision by the Independent Office for Police Conduct (IOPC).
AD: Capeesh Restaurant
The IOPC had previously reviewed its initial decision, concluding that the officer had a disciplinary case to answer for the shooting.
Mr Baker was among a group of men trying to free Izzet Eren and his co-defendant as they were transported from Wormwood Scrubs to be sentenced for a firearms offence.
A number of men were jailed in 2016 for their parts in the plot.
AD: Oysterian Sea Food Restaurant And Bar
The officer who shot him had honestly believed Mr Baker had ignored his instruction to show his hands and was reaching for a weapon, the inquiry found.
Given the ongoing discussions surrounding this case, the IOPC has taken the extraordinary step of asking the MPS to consider involving another police force to conduct the misconduct hearing, with the aim of ensuring the independence of the process.
Deputy Commissioner Lynne Owens commented on the situation, acknowledging the impact it has had on all parties involved: “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 emphasized that the MPS had previously disagreed with the IOPC’s decision and had requested a review, but they have now been informed that the direction to hold misconduct proceedings still stands.
Ms. Owens added, “We do not accept that our wider call for support and legal reassurance for armed officers impinges upon our independence, nor the impartiality of the misconduct hearing process.” She further stated that the MPS is looking to seek legal advice in response to the IOPC’s request.
This case has been at the center of extensive legal proceedings, including a Supreme Court ruling earlier this year that provided clarity on how police officers using force are held accountable.
The IOPC had independently investigated Jermaine Baker’s death and interviewed the officer involved in criminal proceedings. However, the Crown Prosecution Service (CPS) decided not to bring any criminal charges.
The dispute arose when the IOPC directed the MPS to hold gross misconduct proceedings against Officer W80, a decision that the MPS challenged in court. The Supreme Court ultimately ruled in favor of the IOPC’s direction.
The IOPC’s decision to uphold its original determination comes after considering new evidence from a public inquiry into the case. The inquiry’s report, published in July 2022, concluded that Jermaine Baker was lawfully killed, a conclusion supported by the IOPC.
This led to the IOPC’s recent direction for a gross misconduct hearing.
The MPS has emphasized the need for clarity in the process of holding officers accountable, particularly in cases involving the use of force.
They have called for reforms to simplify and expedite such proceedings while ensuring that officers have adequate legal protection to carry out their duties effectively.
As the MPS reviews its options in light of the IOPC’s request, the case of Officer W80 and the shooting of Jermaine Baker continue to raise important questions about the accountability and oversight of law enforcement actions in the United Kingdom.
AD: Heritage And Restaurant Lounge Bar