Met firearms officers cleared of gross misconduct over South Wimbledon shooting

Two Met Police firearms officers have been cleared of gross misconduct for their use of force during an operation in south-west London.

Their disciplinary hearing followed our investigation.

The officers, known as NX1 and MY55 and both from the Met’s firearms command, faced an allegation that their use of force breached the police standards of professional behaviour after Brooklyn McFarlane, who was 23, was injured after he was shot in the back in Haydons Road, South Wimbledon on 3 December 2018.

We concluded our investigation in November 2019 and, in January 2020, we referred a file of evidence to the Crown Prosecution Service (CPS) which authorised a charge of causing grievous bodily harm with intent against officer NX1 and attempted grievous bodily harm with intent against officer MY55. We also directed the Met to organise gross misconduct hearings for the two officers.

On 11 October 2021, the officers were acquitted after the CPS offered no evidence against them on the first day of their trial. The CPS stated that having conducted a re-review of the evidence, including video and expert evidence, there no longer remained a realistic prospect of conviction.

In November 2022, Mr McFarlane was sentenced to 13 years in jail for conspiracy to commit robbery, weapons offences and handling stolen goods.

NX1 and MY55 were cleared today following a three-week hearing.

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.”

Our investigation established that Met 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.

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 Mr 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.

Following a three-week hearing, a disciplinary panel - led by an independent legally-qualified chair - has decided the officers’ use of force in shooting at Mr McFarlane did not breach the standards of professional behaviour and no misconduct was committed. 

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