A police marksman may have been “angry, frustrated and annoyed” when he shot Chris Kaba dead after he tried to escape, a court has heard.
Martyn Blake, 40, is on trial at the Old Bailey, where he denies murdering the 24-year-old in Streatham, south London.
Mr Kaba was sitting in the driver’s seat of a dark Audi with both hands on the steering wheel when he was shot once in the head on the night of 5 September 2022, a jury was told.
The car’s registration had been linked to a firearms incident after reports a man had been seen with a shotgun the previous evening and gunshots were heard in Brixton, the court heard.
Prosecutor Tom Little KC said Mr Kaba had tried to drive away from officers, hitting a police vehicle in an attempt to escape, but did nothing in the seconds before he was shot to justify Blake’s decision to pull the trigger.
“What he was thinking at the time only he knows,” the barrister told jurors.
“But you may want to consider in this case whether the requests that were made to Chris Kaba by the police, that he did not obey, caused the defendant to become angry, frustrated and annoyed.”
Metropolitan Police marksman Blake, who was previously known as NX121, did not know Mr Kaba, whose mother became visibly upset and was comforted by a relative as the case against the officer was opened.
The court heard on the evening of 4 September police were called to reports of gunshots in Brixton and that a man had been seen with a shotgun, while three men wearing dark hoodies had changed their clothes and got into two vehicles before driving away.
A registration number given for one of the vehicles was the same as the Audi Mr Kaba was driving the following night and a firearms “marker”, flagging the vehicle should police spot it, had been placed on the car, the jury was told.
Mr Little said the decision for armed police to stop the vehicle was “eminently reasonable and sensible”.
Jurors were shown a compilation of footage from police vehicles and body-worn cameras, as well as a computer generated reconstruction of the events.
In the footage, a police car can be seen blocking the path of Mr Kaba’s Audi as it turns into Kirkstall Gardens followed by an unmarked police car and two other marked vehicles.
The Audi moves back a short distance, making light contact with the car behind, then moves forward, colliding with the police vehicle and a parked Tesla in a “concerted attempt” to escape, including wheelspins, as an officer tries to smash the windows.
The Audi is surrounded by armed police officers as the unmarked police car moves forward to stop the Audi, which reverses and makes contact.
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But Mr Little said officers were able to safely step away, adding: “Although this was a difficult and potentially challenging situation, at least at first, it was not as difficult and life-threatening as the defendant claims.”
He said “there can be no doubt” the armed officer intended to “incapacitate and, we say, to kill” Mr Kaba, and at “the heart of the case” was the decision-making of one man.
The prosecutor asked the jury: “Was this a case of mistaken belief as to risk or, as we say, was this an unlawful decision to shoot and to kill?”
“It was a decision to shoot which was taken when, we say, the unassailable evidence of what actually took place that night reveals that it was not reasonably justified or justifiable,” Mr Little said.
The immediate risk to Blake and his fellow officers didn’t justify firing a bullet into Mr Kaba’s head “at the point when the trigger was pulled”, the prosecutor added.
He said that in Mr Kaba’s driving forwards towards a police vehicle blocking his path there “was an element of initial danger”, but he only drove backwards a short distance before he was killed and no officers were knocked down or injured.
It was not obvious there was room for Mr Kaba to escape and if he had managed to get away, he could’ve been followed by police vehicles and the helicopter hovering in the sky, the jury was told.
“There was no real or immediate threat to the life of anybody present at the scene and at the all-important point in time when the defendant fired that fatal shot,” he added.
The trial, which is expected to last for up to three weeks, continues.
Angela Rayner has admitted she did not pay the right amount of stamp duty on the purchase of her second home and has referred herself to the independent adviser on ministerial standards.
Speaking to Sky News’ political editor Beth Rigby on the Electoral Dysfunction podcast, the deputy prime minister became tearful as she claimed she received incorrect tax advice and spoke to her family about “packing it all in”.
Ms Rayner, who is also the housing secretary, has been under scrutiny after a report in The Daily Telegraph claimed she avoided £40,000 in stamp duty on a flat in Hove by removing her name from the deeds of another property in Greater Manchester.
In a lengthy statement released today, she said it was a “complex living arrangement” as her first home was sold to a trust following her divorce to provide stability for her teenage son, who has lifelong disabilities and is the sole beneficiary of the trust.
She said initial legal advice was that the standard rate of stamp duty applied but following media reports she sought expert counsel who said more tax is due.
She added that these matters were confidential but she applied to a court yesterday to get this lifted in the interests of public transparency.
In a subsequent interview with Beth Rigby, a visibly upset Ms Rayner said: “I’ve been in shock, really, because I thought I’d done everything properly, and I relied on the advice that I received and I’m devastated because I’ve always upheld the rules and always have felt proud to do that.
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“That it is devastating for me and the fact that the reason why those confidential clauses were in place was to protect my son, who, through no fault of his own, he’s vulnerable, he’s got this life changing, lifelong conditions and I don’t want him or anything to do with his day-to-day life, to be subjected to that level of scrutiny.”
Asked if she thought about quitting rather than disclose the details about her son, the cabinet minister added: “I spoke to my family about it. I spoke to my ex-husband, who has been an incredibly supportive person because he knows that all I’ve done is try and support my family and help them.”
PM backs Rayner
The statement dropped shortly before the first PMQs following the summer recess. Tory leader Kemi Badenoch said Sir Keir Starmer should fire his deputy.
“If he had backbone, he would sack her,” she said.
However Sir Keir defended Ms Rayner, saying he is “very proud to sit alongside” her.
“She has explained her personal circumstances in detail. She’s gone over and above in setting out the details, including yesterday afternoon asking a court to lift a confidentiality order in relation to her own son.”
He added: “I am very proud to sit alongside a deputy prime minister who is building 1.5m homes, who is bringing the biggest upgrade to workers rights in a generation, and has come from a working class background to become deputy prime minister of this country.”
The mother of murdered teenager Brianna Ghey is calling on the government to introduce a ban on mobile phones in schools – a move she says will not only safeguard children, but also improve their behaviour and engagement in class.
In the lead-up to the attack, her killers had spent time on the dark web. At the same time, Brianna was also trapped online, struggling with a phone addiction.
Her mother Esther Ghey’s Phone Free Education campaign is driven by her personal experiences as a parent and the impact Brianna’s phone use had on her education.
Image: Brianna Ghey struggled with a mobile phone addiction, according to her mother
“All the arguments that me and Brianna had were down to her phone use,” Esther said.
“But even in school, she had issues and I used to have phone calls from the school saying that Brianna wouldn’t put her phone away.”
Brianna, who was transgender, struggled with an eating disorder and also self-harmed.
Her mother says the constant time she spent online exacerbated those issues, while impacting her behaviour at school, where she had 120 safeguarding logs and 116 behaviour incidents recorded by her teachers.
Image: Esther Ghey said she had calls from her daughter’s school saying that ‘Brianna wouldn’t put her phone away’
“It was so difficult as a parent, because I felt in one way that I was failing and then in another way, and this is really difficult for me to speak about, I was so annoyed with Brianna,” she recalled.
“I thought, why can’t you just go to school, get your head down and just focus on your education, because this is important.
“Only now, after two years of being immersed in this world, do I realise that actually, it’s so much harder than that.”
Research by the Children’s Commission has shown that 79% of secondary schools are still allowing pupils to bring their mobile phones into school, and even into classrooms.
Image: Brianna’s school introduced a ban on mobile phones in September last year
How phone ban is working at Brianna’s old school
Esther is campaigning for government guidance on phones to become statutory, with funding also set aside for the equipment to help schools implement the ban, arguing the lack of legislation is “setting children up to fail”.
At Birchwood Community High School in Warrington, where Brianna was a pupil, they introduced a ban on phones last September.
At the beginning of the day, pupils turn off their phones and place them in pouches, which are locked. At the end of the school day, the pouches are then unlocked.
Image: Pupils at Birchwood Community High School in Warrington place their phones in pouches, which are then locked
The headteacher, Emma Mills, said introducing these measures has come with several benefits.
“It’s had an impact in all areas of school, and it’s actually had a really positive impact in ways that I didn’t foresee,” said Ms Mills.
“Attendance has improved this year. In terms of behaviour, behaviour has improved. We’ve had no permanent exclusions this year in school, which is actually the first time since I’ve been headteacher in six years, there’s been no permanent exclusion.”
This summer, the school also saw its best-ever GCSE results in the core subjects of Science, maths, and English.
Image: Emma Mills, headteacher at Birchwood Community High School in Warrington
‘They can live without their phones’
For Ms Mills, another significant change has been the atmosphere in the school.
“They’re not as worried, they’re not as distracted,” Ms Mills said.
“They’ve realised that they can live without their phones. Something else we’ve really noticed is that it’s a bit louder in school at breaks and lunch times. It’s because they’re talking more, they’re interacting more, and they’re communicating more.”
The positive impact of a ban at Brianna’s old school has served as encouragement to Esther, who has written an open letter addressed to Sir Keir Starmer and Education Secretary Bridget Phillipson, asking for government support.
Police across the UK dealt with more than 3,000 protests over three months this summer – more than three times as many as just two years ago.
There were 3,081 protests this June, July, and August across England, Wales, Scotland and Northern Ireland, figures from the National Police Chiefs’ Council have revealed.
Last summer, when riots were raging across the country following the Southport murders, police dealt with 2,942 protests. In 2023, it was 928.
The summer months this year have been dominated by widespread demonstrations, some against the ban on Palestine Action and others against housing asylum seekers in hotels.
Image: Counter-protesters with police as people take part in a Stand Up To Racism rally in Orpington in August. Pic: PA
‘Increasing tension’
Gavin Stephens, chairman of the NPCC, said it was clear that there has been “more community tension and more division”, adding that “we all have a responsibility, policing included, to set the tone”.
“Anybody in a leadership position should think about how we can reduce and defuse tensions and not sow division,” Mr Stephens said.
The senior official said protests this year were a “chronic pressure” for police compared to last year’s disorder, which was acute.
“This is not talking about the volume of protest, and this is not a commentary from policing on people’s right to protest peacefully,” he said.
“We absolutely support that in a democracy, but we do know that there is a climate of increasing tension and polarity in what we’re seeing.”
He is convinced communities will be able to reunite and “reset”, and said claims that the UK is on the verge of civil disobedience are “exaggerated”.