Armed officers cleared of gross misconduct as Met chief condemns ‘five-year ordeal’

Two police marksmen who shot and wounded a dangerous armed robber in 2018 have been cleared of gross misconduct after what Sir Mark Rowley condemned as a “five-year ordeal”.

The officers, known only as NX1 and MY55, were pursuing a gang in Wimbledon who were planning a raid at a branch of Sainsbury’s when they shot ringleader Brooklyn McFarlane, causing minor injuries.

The 27-year-old gangster was later jailed for 13 years for plotting the robbery and his fellow gang members received prison sentences totalling 141 years, with the judge praising the bravery of the firearms officers.

Two years after the robbery, however, both officers were charged with causing grievous bodily harm with intent, but when the case came to trial in 2021, prosecutors offered no evidence and the officers walked free.

But despite being cleared of criminal wrongdoing, the officers were subsequently charged with gross misconduct by the Independent Office for Police Conduct (IOPC) and faced being sacked.

However, more than five years after the incident took place, the pair have now been found to have no case to answer and have finally been cleared of any wrongdoing.

Speaking after the verdict, Sir Mark Rowley, the Metropolitan Police Commissioner, criticised the length of their ordeal and said there had to be genuine reform in the way misconduct cases were handled.

He 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.”

Sir Mark said while all armed officers recognised their actions would be scrutinised, the current system was not “fair, efficient and competent”.

He went on: “This case shows why further genuine reform is needed and we will continue to push for it in our discussions with the Government, the CPS, the IOPC and others.”

A spokesman for the Metropolitan Police Federation said: “Being an operational firearms officer in London is one of the world’s toughest jobs. Officers, who volunteer for the role, know the responsibility and accountability that comes with it.

“But our police officers must have confidence that they have the protection needed to do the difficult and dangerous job society expects of them.”

The spokesman also criticised the length of time it had taken to complete proceedings.

He added: “Who from the hindsight brigade – taking years to pour over the split-second decisions our colleagues have to make to keep the public safe – is held to account for what they have unnecessarily and protractedly put our colleagues through?”

McFarlane was part of a gang of robbers who stole £400,000 in a series of violent raids on cash vans and commercial premises.

Security guards came under attack from the gang who armed themselves with weapons and used stolen cars to travel to and from raids in London, Oxford, Bedfordshire, and Northamptonshire between May 2018 and November 2019.

In December 2018, McFarlane and his gang were ambushed by armed police as they were en route to carry out a cash-in-transit robbery.

The officers identified themselves as armed police and McFarlane and fellow gang member Abdi Omar tried to escape.

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 and he was arrested a short time later.

McFarlane was treated at hospital and discharged to custody the following day.

Growing anger over treatment

There has been growing anger within policing over the treatment of officers who use force in the line of duty and the length of time it is taking to resolve cases.

Last year, The Telegraph revealed how a Met firearms officer who shot dead an armed gangster almost nine years ago is to face a gross misconduct charge despite being cleared of any criminal wrongdoing.

The marksman – known as W80 – shot dead 28-year-old Jermaine Baker in a police operation in December 2015 as he was preparing to spring two prisoners from Wood Green Crown Court in north London.

W80 was not charged in connection with the death, but the IOPC has ordered him to face a gross misconduct hearing, which could result in him being sacked.

In November, the Met Commissioner described as “appalling” a decision to prosecute one of his armed officers who crashed while racing to the scene of the Streatham terrorist attack.

Speaking after a jury at Southwark Crown Court cleared Pc Paul Fisher of dangerous driving following a six-day trial, Sir Mark said no other country in the world would haul one of its most highly trained officers before the courts for bravely trying to preserve life.

It took almost four years for the case to come to court, but Mr Fisher was cleared by a jury after five hours of deliberations.

All police shootings are looked at by the IOPC, but in situations where terrorists are shot dead, the cases are usually cleared up very quickly with no further action.

Cases involving the shooting of criminals can drag on for years if the IOPC passes a file to prosecutors who decide whether to bring criminal charges.

If an officer is prosecuted, it can take many months for a trial to take place and even if they are cleared, misconduct cases can still follow.