Dramatic audio of a police swoop in which an unarmed father-of-two was shot dead during a foiled prison break has been played to the public inquiry into his death.
The footage, captured on secret bugs placed in an Audi A6 in which Jermaine Baker was a passenger, records Metropolitan Police officers screaming a series of commands at the men in the car.
Mr Baker, 28, was one of a gang of four men who planned to try to break Izzet Eren out of custody when he was transported from Wormwood Scrubs to Wood Green Crown Court in north London on December 11 2015.
Armed officers involved in the swoop had been told that it was likely the men would have live firearms, despite police intelligence the previous evening indicating that they only had a replica weapon.
The footage, played on the first day of the public inquiry into Mr Baker’s death on Monday, captured a wall of noise as officers screamed commands at the men in the car.
One of the marksmen, known only as S111, can be heard hitting the passenger window of the Audi four times with the muzzle of his gun as he tries and fails to smash the glass near where Mr Baker was sitting.
His colleague W80, who was behind S111, fatally shot the 28-year-old because he mistakenly feared he had seen him reaching for a gun.
He believed that the group would be armed and would be willing to fight their way out of any confrontation with police.
Counsel Kate Blackwell QC told the inquiry that the officer had said: “I believed that the occupants had firearms, probably machine pistols.
“They were experienced, and they were intending to attack a prison van and break free a dangerous criminal, and I believed the occupants would fight their way out rather than surrender.”
This was despite police intelligence on the eve of the shooting suggesting that the gang only had a replica weapon.
After the shooting a replica Uzi was found in the back passenger footwell of the car.
Ms Blackwell told the inquiry that when Eren had been arrested in possession of a Skorpion gun the previous October he had surrendered to armed police.
She said: “The inquiry may wish to establish what information was provided to the authorised firearms officers (AFOs) on the likelihood of the occupants of the Audi fighting their way out of a dynamic extraction, in what would almost certainly have been a deadly shoot out.”
She went on: “Counsel to the inquiry are unaware of any information or intelligence suggesting that the occupants of the Audi were unlikely to be compliant.
“If this information had been conveyed to the AFOs, it may have caused W80 to pause before drawing the conclusion that the occupants of the Audi would fight their way out.”
The inquiry heard that W80 opened fire only a couple of seconds after the Audi passenger door was opened, and that Mr Baker may have been asleep at the time.
The bugs in the car also revealed the men appearing to suggest that they had failed to get a real gun as they travelled to Wood Green Crown Court.
One of them was heard to ask: “What’s this ting gonna do?”, to which another replied: “Nothing bruv, nothing.”
Ms Blackwell said: “There are clear and repeated references to ‘we’re not getting the shottey’ (shotgun).
“There are clear references to an intention to use a firearm of some sort in order to effect the escape.
“The reference to a canister suggests some form of gas or explosive device, or a Co2 canister inside a replica BB gun perhaps.”
She said that it is clear with hindsight that they were discussing the lack of a live firearm and the disadvantage to their plan.
Ms Blackwell went on: “The inquiry will determine whether or not it is reasonable to expect that those listening to the live feed should have appreciated the meaning and effect of this conversation.”
She said that the inquiry will also consider why armed officers did not take the place of the SERCO guards in the prison van.
The inquiry will continue on Wednesday, when opening statements will be made by Mr Baker’s family as well as W80, the Metropolitan Police and the National Crime Agency.