A Metropolitan Police firearms officer charged with the murder of an unarmed man will be named early next year, a judge has ruled.
Chris Kaba, 24, was struck in the head by a single gunshot after a “silent follow” by officers in an unmarked car in Streatham Hill, south London, shortly after 10pm on September 5 last year.
The construction worker died in hospital. A post-mortem examination gave a provisional cause of death as a gunshot wound to the head.
Judge Mark Lucraft KC, the recorder of London, rejected an attempt by the officer to have his name withheld from the public. In his written ruling published on Monday he said: “The naming [of] the defendant or the giving of his date of birth does not give rise to a real and immediate risk to his life.”
Lucraft said the court has varied the existing order so that from 10am on January 30 the defendant’s name and date of birth will no longer be withheld and can be reported.
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In his decision, the judge said: “I have viewed the raw underlying intelligence material provided to me and have applied the test as to whether there is a ‘real and immediate risk’ to the life of NX121 or to his family. In my judgment that very high test is not met.
“In my judgment whilst there may be risks to NX121 in lifting parts of the anonymity order, those risks are ones that in my judgment can be addressed in various ways so as to seek to ameliorate or mitigate them.”
Lucraft said the court would not permit the defendant’s home address to be read out in open court.
He also said part of the order relating to “any photograph, drawing, image or detailed description” of the defendant would not be permitted “and should in my judgment be further reviewed by the trial judge at that stage”.
The judge said that his ruling would take effect on January 30 so the court could consider any pre-trial issues and also “cater for the imposition of any additional mitigation measures to be put in place or implemented by those responsible for dealing with NX121”.
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Prosper Kaba and Helen Nkama, the victim’s parents, were present in court and sat alongside members of the press.
Matt Twist, an assistant commissioner for the Met, said: “I recognise that for officers this decision will be hugely concerning, and that the impact of this and recent cases is felt right across armed policing and beyond.
“The Met has supported the anonymity hearing by providing evidence and factual information to His Honour Judge Lucraft KC to assist him in making a decision. We take seriously the open justice principle. However, it was important to make the court aware of the effect that loss of anonymity would have in this case. We acknowledge the judgment by the court and note the detailed and careful consideration that has taken place.”
In the days after the officer was charged, dozens of armed officers pulled back from their duties and handed in their weapons. It led to Suella Braverman, the home secretary, ordering a review of armed policing.
Twist said the force was continuing to make representation “in the strongest terms” to the government to fast track the review, adding that it welcomed Braverman’s commitment for it to report by the end of next year.
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He said: “Armed officers in London typically respond to around 4,000 armed incidents and 800 pre-planned operations every year, plus recover hundreds of firearms and weapons. Yet on average over the last 20 years firearms have been discharged at suspects on two or fewer occasions per year. Shootings by our armed officers are very rare.
“Taking on the additional responsibilities of being a firearms officer is voluntary in this country due to the very real additional risks the role entails. Accountability will always be crucial, however, it must be an accountability system that officers, and the public, can see fairly takes into consideration and gives appropriate legal protection to the unique role we ask armed officers to undertake.
“A role that is absolutely critical, in ensuring that the public and unarmed colleagues are protected from the most severe and very real threats faced on a daily basis.”
Kaba’s family 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.”