MPS firearms officers finally cleared of wrongdoing after tackling armed robbery gang

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, was sentenced to 13 years in jail in November 2022 for conspiracy to commit robbery, weapons offences and handling stolen goods. Collectively, the gang he was part of would be sent to prison for a total of 141 years.

The officers have endured a wait of more than five years to be cleared, including a criminal investigation, a trial that did not even begin because the Crown Prosecution Service (CPS) 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 (IOPC) directed the MPS to hold.

On Friday (May 3), the officers were found to have no case to answer.

MPS 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 December 3, 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 – 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 in the back 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 IOPC. More than a year after the incident, the IOPC referred a file of evidence to the CPS, which 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 October 11, 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,” said the MPS.

“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, April 15. On Friday, the panel found the case was not proven.”

The Metropolitan Police Federation said the officers have “rightly been exonerated” of any wrongdoing.

In a statement, it 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 Metropolitan Police Federation has supported Officer NX1 and Officer MY55 who have been through Criminal and now an IOPC directed gross misconduct proceedings following this incident.

“Why? They have rightly been exonerated from doing any wrong.”

It added: “Police officers have no issue with being held accountable for their actions – we are the most accountable of public services. But this oversight should be fair and timely… and not take more than five years.

“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?

“We ask that our colleagues NX1 and MY55 are now left to carry on their careers.”

The IOPC said its investigation centred on an allegation that the officers’ use of force “breached the police standards of professional behaviour”.

IOPC regional director Mel Palmer said: “Although the CPS did not take a criminal case forward, we believed that there was enough evidence for a panel to consider whether the officers’ actions amounted to gross misconduct.

“We didn’t come to this decision lightly, but we felt it as right that the evidence was heard in public at a hearing. We also respect the panel’s decision to clear the officers.

“Although our investigation ended more than four years ago, we appreciate how long NX1 and MY55 have had to wait for these proceedings. Officers should not have to wait this long for disciplinary matters to be heard and, while many of the delays were out of our control, we acknowledge the significant impact this case and the delays have had on the officers, their families and everyone involved.”

The IOPC said its investigation established that MPS officers were conducting a pre-planned operation into a suspected attempt to commit a robbery of a cash in transit van parked in Haydons Road.

“Officers observed Mr McFarlane acting suspiciously near the cash in transit van,” the IOPC said.

“Armed police officers attempted to apprehend him in Haccombe Road but he ran off along Haydons Road.

“He was pursued on foot by armed police officers and the two officers, who both mistakenly believed McFarlane was carrying a gun, each fired their weapon once, with one bullet hitting Mr McFarlane in the back. The other shot missed him and most likely hit a nearby block of flats.

“Mr McFarlane continued to run before surrendering to armed officers on Lacock Close.

“The officers then gave him first aid before he was taken to hospital. He was discharged the following day following the removal of a police bullet.”

During the investigation, the IOPC said its investigators interviewed the officers, obtained statements from several witnesses, obtained CCTV evidence, ballistic evidence and commissioned a series of experts.