Two Met Police officers cleared of wrongdoing
They had intervened in a suspected arms robbery.
Two Met Police firearms officers who intervened in a suspected armed robbery more than five years ago have been cleared of wrongdoing.
The officers, who have the right to anonymity and are known as NX1 and MY55, were pursuing a suspect who was part of a gang of armed robbers targeting cash in transit vans. Both officers fired shots after believing the suspect was armed and posing an immediate threat.
The suspect, Brooklyn McFarlane, would go on to be sentenced to 13 years in prison for conspiracy to commit robbery and other offences. Collectively, the gang he was part of would be sent to prison for a total of 141 years.
The officers endured a wait of more than five years to be cleared, including a criminal investigation, a trial that didn’t even begin because the Crown Prosecution Service offered no evidence days before it was due to start and then a further wait for a misconduct hearing that the Independent Office for Police Conduct directed the Met to hold.
On Friday, 3 May, the officers were found to have no case to answer.
Commissioner Sir Mark Rowley said: “I can’t imagine how difficult it has been for these two officers to wait so long to finally be cleared of wrongdoing. This will have put untold strain on their professional and personal lives and those of their families.
“Why is it the case that if an armed officer discharges their weapon during a terrorist incident the system can clear them within months, but officers taking on a ruthless gang of armed robbers face a five year ordeal? That isn’t right.
“We ask our armed officers to confront the most dangerous criminals, taking huge personal risks to ensure the safety of the public.
“Like the majority in policing, they don’t shy away from accountability. They know they’re given significant powers, including the ability to use potentially lethal force against people. Any use of those powers needs to be open to scrutiny. But the systems that deliver that scrutiny must be fair, efficient and competent and as it stands, they fail those tests too often.
“The recent Home Office Accountability Review resulted in some initial steps being taken in the right direction, but it didn’t go far enough to restore the trust of officers. It made progress on consultations that officers are anxious to see turned into change.
“This case shows why further genuine reform is needed and we will continue to push for it in our discussions with Government, the CPS, the IOPC and others.”
On the morning of 3 December 2018, officers were following a car linked to the gang in the Wimbledon area as it changed direction to follow a cash in transit van. The car was occupied by a driver and a passenger. The passenger had, for a period of time during the morning, been laying down on the back seats further arousing officers’ suspicions.
When the two occupants of the car began to approach the cash in transit van on foot officers intervened, among them NX1 and MY55.
The officers identified themselves as armed police and the suspects – Brooklyn McFarlane and fellow gang member Abdi Omar – ran. Believing McFarlane to be armed with a firearm and posing an immediate threat, both NX1 and MY55 fired one shot.
One struck McFarlane and the other struck a nearby building. He continued to run and was arrested a short time later. He was treated at hospital and discharged to custody the following day.
The officers were investigated by the Independent Office for Police Conduct (IOPC). More than a year after the incident, the IOPC referred a file of evidence to the Crown Prosecution Service (CPS) who took a further ten months to charge them with causing grievous bodily harm with intent and attempting to cause grievous bodily harm with intent.
A trial date was set for 11 October 2022 but just days before, the CPS decided to offer no evidence and the charges were dropped. At this point the officers had faced an ordeal of almost three years.
Even after charges were dropped, the IOPC continued to push for misconduct proceedings to follow. In June 2022, after a request from the Met that they reconsider, they formally directed the Met to schedule a hearing.
Following further delays – some requested by the defence – the hearing eventually began on Monday, 15 April 2024. On Friday, the panel found the case was not proven.