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.
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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.
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.
