30 October 2023

The Metropolitan Police officer charged with the murder of Chris Kaba has been denied anonymity for the continued criminal proceedings, at a hearing at the Old Bailey today.

Judge Mark Lucraft KC has ruled that the officer, currently known only as NX121, will be named on 30 January 2024. 

The judge has decided that, although the officer’s name and possibly date of birth will be made public, their address will not be shared and there will be restrictions preventing photos or court sketches.

Chris Kaba, 24, was fatally shot by a firearms officer from the Metropolitan Police over one year ago on 5 September 2022 in Streatham, London. He was an unarmed Black man.

The family of Chris Kaba said: “We thank the court for doing the right thing by our family, and working in the public interest of open justice, by naming the officer. 

We must be allowed to know the name of the man who shot and killed our much loved son, brother and fiancé. 

We hope the court will now be allowed to do its job without further disruption or delay.”

Deborah Coles, Director of INQUEST, said: “Anonymity for police officers involved in deaths goes against the principles of an open and transparent justice system.

While it is right that the officer will be named in January, unlike almost any other citizens the public won’t be able to see his face as he stands trial for murder. 

The court must not now be held hostage by threats from those who have so far appeared determined to challenge and undermine the justice system they are meant to be part of.”

ENDS 

NOTES TO EDITORS

Contact Lucy McKay on [email protected] or 020 7263 1111

Follow the Justice for Chris Kaba campaign here.

Chris’s family are represented by INQUEST Lawyers Group members Daniel Machover and Ellie Cornish of Hickman & Rose solicitors, and Matthew Ryder and Ifeanyi Odogwu of Matrix Chambers. The INQUEST caseworker is Head of Casework, Anita Sharma. 

CRIMINAL PROSECUTIONS OF POLICE OFFICERS INVOLVED IN DEATHS

No on-duty police officer has ever been found guilty of murder or manslaughter in relation to a police shooting, despite critical evidence arising from inquests, inquiries, and investigations. 

Since 1990 there have been 1,870 deaths recorded by INQUEST in or following police custody or contact. In that time only one officer has been found guilty of manslaughter in 2021, and none for murder.

Dalian Atkinson, 48, died on 15 August 2016, following use of force by officers of West Mercia police. PC Benjamin Monk was found guilty of his manslaughter, reduced from murder, and was sentenced to eight years in prison in 2021. More information.

In total there have been 12 murder or manslaughter prosecutions brought relating to on duty police officers, including this prosecution of NX121 and the successful prosecution in the Dalian Atkinson case. 

The ten other murder and manslaughter charges did not result in successful prosecutions. Three of these previous cases related to police shootings (this is the fourth), two of which were by Metropolitan Police officers.

Both successful and unsuccessful prosecutions have also been brought following deaths in police contact under Health and Safety legislation.

Other criminal charges against officers, such as perjury and misconduct in public office, have been brought following deaths in custody. Most have led to acquittals or not guilty verdicts.

FATAL POLICE SHOOTINGS

Since 1990, a total of 80 people have been fatally shot by the police in England and Wales. 

There have been three other murder or manslaughter prosecutions following police shootings:

· David Ewin was fatally shot by police in Barnes, London in February 1995. The Metropolitan Police officer who shot him was found not guilty of both the murder and manslaughter of David in 1997. It was the third time the officer had faced trial, after previous juries failed to reach a verdict.

· James Ashley was fatally shot in his bedroom by police in 1998 in St Leonards, East Sussex. PC Sherwood was charged following an investigation into the death. Four other Sussex officers were charged with other offences. In 2001, the trials collapsed and no officer was found guilty of any criminal charge.

·  Azelle Rodney was fatally shot by a Metropolitan police officer in 2005 during a hard stop in North London. Following the public inquiry into the death, which found the officer did not have a lawful justification for killing Azelle, the officer was prosecuted with murder. In 2015, that officer was found not guilty by a majority verdict.

PREVIOUS MEDIA RELEASES

· CHRIS KABA: INQUEST RESPONDS TO MET POLICE SHOOTER ANONYMITY APPLICATION, 3 October 2023

· CHRIS KABA: MET POLICE SHOOTER CHARGED WITH MURDER, 20 September 2023 

· CHRIS KABA: ONE YEAR ON, FAMILY DEMAND A DECISION ON CHARGES, 5 September 2023

· CHRIS KABA: FAMILY RESPOND TO POLICE WATCHDOG DECISION TO REFER HOMICIDE INVESTIGATION TO CROWN PROSECUTIONS SERVICE, 30 March 2023

· CHRIS KABA: FAMILY CALL FOR ACTION SIX MONTHS ON FROM SHOOTING, 3 March 2023

· CHRIS KABA: FAMILY CALL FOR ANSWERS AS INQUEST OPENS, 4 October 2022 

·  CHRIS KABA: LATEST FAMILY STATEMENT, 22 September 2022 

· STREATHAM POLICE SHOOTING: FAMILY OF CHRIS KABA DEMAND CRIMINAL INVESTIGATION, 7 September 2022