The Jermaine Baker Public Inquiry – Report published

The Public Inquiry into the death of Jermaine Baker, chaired by His Honour Clement Goldstone QC, has today published its report and laid it before Parliament. Jermaine Baker was shot by W80, a Counter Terrorism Specialist Firearms Officer (CTSFO) of the Metropolitan Police Service (MPS) on 11 December 2015.

The MPS had information that Izzet Eren, a member of the Tottenham Turks gang, was planning to escape from custody whilst in transit between prison and Wood Green Crown Court. Jermaine Baker was one of three men who sat in wait in an Audi car, near to the Court, for the arrival of the prison van. At approximately 9am, before the prison van arrived, a senior police officer ordered the armed officers to move in on the Audi car in order to arrest the occupants. Jermaine Baker, occupying the front passenger seat of the Audi mission vehicle, was shot by W80. Jermaine Baker was not carrying a weapon. The car was later searched and an imitation firearm was found in a rear footwell. Jermaine Baker died at the scene.

The Chairman reached extensive conclusions on the planning and running of the operation and associated systems.

Although the Chairman identified a number of failings in the planning and in the conduct of the Operation which were attributable to the Tactical Firearms Commander (TFC), the Chairman did not find that those failings could properly be categorised as “gross”; accordingly, the Chairman did not make a finding of gross negligence manslaughter.

As to the shooter, W80, the Chairman concluded that on account of the information known to the firearms officers, W80 was entitled to believe that the occupants of the car were armed with at least one firearm. It was likely, found the Chairman, that Jermaine Baker moved his hand towards the bag he had on him “in a way that meant W80 honestly believed he was not complying with the instruction to place his hands on the dashboard”. W80 could not be criticised for acting in self-defence before he saw any part of a weapon being taken from Jermaine Baker’s bag. The Chairman concluded that although “W80 may have been tragically wrong in his belief” he could not conclude “that it was not honestly held”. Accordingly, the Chairman concluded that W80 had lawfully shot and killed Jermaine Baker.

The full report is available to read here.

Aaron Moss acted as junior Counsel to the Inquiry, led by Kate Blackwell QC and instructed by Fieldfisher. Claire Palmer and Conor Monighan were instructed by the Home Office which, although not a Core Participant, provided evidence to the Inquiry.

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Claire Palmer

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Aaron Moss

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Public Inquiries

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