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The police officer who fatally shot Chris Caban could face misconduct charges after the government changed rules on how officers use force.
Sgt Martyn Blake In 2022, Kabba, 24, was shot dead in Streatham, south London, after he tried to cross the road past police cars.
Blake He was cleared of manslaughter following a trial in 2024 but faced a separate disciplinary hearing, which was halted while the Independent Office for Police Conduct (IOPC) waited for the changes to be published.
The legal test for misconduct in an officer’s use of force case is the same as that used in criminal law, meaning that even an act that does not constitute a crime should not constitute misconduct.
After Blake’s case was dismissed, then-Home Secretary Yvette Cooper said she would raise the legal test used to determine whether an officer should be prosecuted for use of force.
On Wednesday, the guard now believes that the case should not continue. He consults the Caba family who argue that there are special circumstances why he should still continue.
Dozens of other non-lethal force issues could also be affected if forces take similar action.
IOPC Director of Strategy and Policy Andrew Johnson said: “We have carefully considered the change in law to address the asymmetry of the civil law challenge identified.
“We believe this position is consistent in impact cases and is fair to officers who may be fired for misconduct, which would not constitute misconduct under the new law if it happened now.”
“We expect that the number of relevant cases affected by this rule will be relatively small.”
“Since the criminal trial, we have said consistently that there is no reason to take any further action against this officer and that is our position,” Metropolitan Police Deputy Commissioner Matt Jukes told CYBER NX121, citing Blake.
“That’s why I welcome the recent changes to the law, introducing the presumption of anonymity for gun officers in court cases and reinstating the criminal test for use of force in felony cases.”
On the night of Kaba’s death, police tracked him down in the Audi he was driving and boxed him in because he had been linked to three gun incidents in the past five months.
The officers did not know his identity at the time. Police later reported that he had been involved with a street gang and had been shot twice in the six days before his death.
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