misconduct

The police marksman who shot Chris Kaba may no longer face misconduct proceedings after the government changed the rules on how officers’ use of force is judged.

Sgt Martyn Blake shot 24-year-old Kaba in Streatham, south London, in 2022 after he tried to ram his way past police cars.

Blake was cleared of murder following a trial in 2024 but was subject to a separate disciplinary hearing, which the Independent Office for Police Conduct (IOPC) paused while it waited for the changes to be published.

The legal test for misconduct in officers’ use-of-force cases has been raised to the same used in criminal law, meaning conduct that would not amount to a crime should not amount to misconduct either.

After Blake’s acquittal, then home secretary Yvette Cooper said she would raise the legal test used to decide whether to charge officers over use of force.

On Wednesday, the watchdog said it now believes the case should not go ahead. It will consult the Kaba family, who argue there are exceptional circumstances why it should still proceed.

Dozens of other non-fatal use-of-force cases could also be affected if forces take the same approach.

IOPC director of strategy and policy Andrew Johnson said: “We carefully considered the law change and its stated intent to address the perceived unfairness and lack of proportionality of the civil law test.

“We believe this position provides consistency across impacted cases and is fair to officers who are facing potential dismissal for misconduct, which if it occurred now, would not amount to misconduct under the new law.

“We expect the number of relevant cases that are affected by this law change to be relatively small.”

Metropolitan Police deputy commissioner Matt Jukes, referring to Blake by his cypher NX121, said: “We have consistently said since the criminal trial that there is no basis for further action against this officer and that remains our position.

“That is why I welcome the recent changes to the law, introducing a presumption of anonymity for firearms officers during court proceedings until conviction, and restoring the criminal test for the use of force in misconduct cases.”

The family of Chris Kaba said the decision had a damaging impact on bereaved families in cases involving use of force by the police, and that “it gives every appearance that the IOPC has a closed mind on this specific case”.

Temi Mwale and Kayza Rose from the Justice for Chris Kaba Campaign said they were “appalled” by the IOPC’s decision.

They added: “The only just approach would have been to conclude all existing cases under the rules that were in place when those proceedings began.

“Instead, the rules have been changed mid-process to ensure that Martyn Blake will face no professional accountability.”

The campaigners described the decision as a blow to public confidence and said Britain was “moving backwards on police accountability”.

On the night Kaba died, police had followed and boxed in the Audi he was driving because it had been linked to three firearms incidents in the previous five months.

Officers did not know his identity at the time. He was later reported by police to have links to a street gang and to two shootings in the six days before his death.

Listen to the best of BBC Radio London on Sounds and follow BBC London on Facebook, external, X, external and Instagram, external. Send your story ideas to hello.bbclondon@bbc.co.uk, external

The bitter legal battle between Blake Lively and Justin Baldoni over allegations of misconduct and retaliation tied to the making of “It Ends With Us” moved closer to a conclusion Friday after a federal judge ordered Baldoni and his production company to pay Lively’s attorneys fees related to his unsuccessful defamation lawsuit against her, while rejecting her bid for additional damages.

In a 47-page order, U.S. District Judge Lewis Liman found that Lively was entitled to recover legal fees under a California law intended to protect people who report sexual misconduct from retaliatory defamation claims, ruling that Baldoni’s side had failed to show she acted with malice when making her allegations.

But Liman denied Lively’s request for treble and punitive damages, concluding that the procedural mechanism her lawyers used permitted recovery of attorneys fees and costs but not broader financial penalties.

Lively’s attorneys, Esra Hudson and Michael Gottlieb, called Friday’s ruling a victory for their client and emphasized that the judge found “there was no evidence she acted with malice.”

“The Court is awarding Ms. Lively attorneys’ fees and costs and has explained that a prevailing defendant under Section 47.1 may seek damages using different procedural mechanisms,” the attorneys said in a statement. “The parties’ settlement agreement expressly preserves Ms. Lively’s rights to obtain those damages.”

While the judge rejected Lively’s request for additional damages in this particular motion, her legal team said she could still seek them through other legal avenues permitted under the statute.

Bryan Freedman, Baldoni’s attorney, sharply disputed Lively’s characterization of the ruling, arguing that the court’s prior decisions had substantially undercut many of her original claims.

“There was no sexual harassment. There was no retaliation. There was no smear campaign,” Freedman said in a statement. “The court recognized it, the record reflects it, and we have maintained it from the very beginning.”

The amount Baldoni and Wayfarer Studios ultimately may have to pay has not yet been determined. Lively’s lawyers must still submit billing records and fee calculations for court approval.

The ruling follows last month’s settlement between Lively and Baldoni, which came just before what had been expected to be a closely watched federal trial in Manhattan. Under that settlement, neither side received financial compensation. But the agreement preserved Lively’s ability to seek attorneys fees and damages under California Civil Code Section 47.1, a relatively new statute designed to shield sexual harassment and assault accusers from retaliatory defamation claims.

Lively sued Baldoni, Wayfarer Studios, Wayfarer CEO Jamey Heath and others in December 2024, alleging Baldoni and his associates orchestrated a coordinated effort to damage her reputation after she raised concerns about misconduct during production of the film, which Baldoni directed and co-starred in. Baldoni denied wrongdoing.

Baldoni and Wayfarer later filed a $400 million defamation suit against Lively, her publicist Leslie Sloane and her husband, Ryan Reynolds, that was dismissed last year. Friday’s ruling dealt specifically with whether Lively could recover attorneys’ fees and damages tied to that dismissed suit under California Civil Code Section 47.1.

The latest ruling comes after Liman earlier this year dismissed 10 of the 13 claims in Lively’s lawsuit, including sexual harassment and defamation claims, while allowing retaliation-related claims to proceed.

In Friday’s ruling, Liman wrote that Baldoni’s team had produced no evidence demonstrating Lively acted maliciously when making her allegations.

“Allegations are insufficient on their own to demonstrate that statements were in fact made with malice,” the judge wrote. “That determination requires some evidence.”

Friday’s ruling offered each side new grounds to claim vindication in a legal battle that has played out as much in public statements as in court filings. Lively’s team pointed to the judge’s finding that she acted without malice, while Baldoni’s attorneys emphasized that many of her original claims had been dismissed.

Still, the settlement agreement bars either side from appealing Liman’s ruling, potentially drawing one of Hollywood’s ugliest recent legal fights to a close.

Golf legend Phil Mickelson is refuting an accusation that he inappropriately touched a female employee at a prestigious golf club in Southern California a few months ago.

According to Golf Digest, Mickelson allegedly approached the worker at Farms Golf Club in Rancho Santa Fe and made “nonconsensual and inappropriate physical contact.” After she rejected him, she reported to her supervisors and accused him of sexual misconduct.

Mickelson hired Tom Clare, a top defamation attorney, who said video evidence contradicted the allegations.

“There is a great deal of misinformation circulating and, while Phil’s full attention is devoted to a private family health matter, he has retained defamation counsel and is determined to hold accountable any publication or individual trafficking in speculation or false rumors,” Clare said in a statement to Golf Digest.

Clare did not immediately respond to The Times’ request for comment.

The San Diego County Sheriff’s Office said it investigated but found no evidence of an assault. However, the allegation resulted in the immediate removal of Mickelson from the golf grounds and revocation of his longtime membership at the club.

Farms Golf Club said in a statement to the golf magazine that it conducted a thorough investigation before confronting Mickelson and stood by its decision to end his membership. Farms also said no video cameras were in the area where the alleged misconduct occurred.

“Following a staff member report of member misconduct, the club provided immediate and ongoing support to the staff member, conducted a thorough independent investigation of the incident and took decisive action,” the statement read. “This individual is no longer a member of The Farms Golf Club.

“To protect the safety and privacy of our staff and member, we are unable to speak further on the matter.”

Mickelson, who turns 56 next week, withdrew from professional golf this year because of family health reasons, last playing at the LIV Golf South Africa in March. A married father of three, Mickelson won six major tournaments on the PGA Tour — three Masters, two PGA Championships and one British Open — before he left the tour in 2022 for the upstart LIV Golf League, which will lose the financial backing of Saudi Arabia’s Public Investment Fund this fall.

His estimated career earnings exceed $1 billion, including $97 million in PGA Tour prize money, a reported $200 million signing bonus to join LIV Golf and an estimated $800 million from endorsements and business ventures.

Mickelson was one of the most popular players on the PGA Tour before his controversial move to LIV and comments about his Saudi backers, and his career survived some unsavory headlines, several of which pertained to gambling.

The Detroit News obtained federal court records that claimed a mob-connected bookie handled bets for Mickelson and was accused of cheating the golfer out of $500,000 in 2007.

Mickelson was accused by the U.S. Securities and Exchange Commission in 2016 of getting an insider trading tip and buying $931,000 of stock from sports gambler Billy Walters. Mickelson was not charged and agreed to pay back the amount.

Federal auditors investigating Mickelson’s role in the scheme found that his gambling losses totaled more than $40 million from 2010 to 2014, according to an unauthorized biography of Mickelson.

Karim Khan rejects suspension as ICC governing body refers him to disciplinary proceedings before member states.

The International Criminal Court’s chief prosecutor, Karim Khan, has been suspended from his duties, the tribunal’s governing body said, following a probe into sexual misconduct allegations.

In a statement on Monday, the Bureau of the Assembly of States Parties said it will refer Khan to disciplinary proceedings before all 125 ICC member states, which will vote on his fate in a special session.

“This suspension is not an indication of the final outcome,” it said.

The bureau, which is the executive committee of the court’s oversight body, said it referred Khan after making its own decision on the disciplinary proceedings involving the prosecutor.

It said the decision was based on a report of a United Nations investigation, the advice of an ad hoc panel of judicial experts, and written submissions, but did not give details about what it had decided.

“The decision of the ⁠Bureau and the related documentation will remain confidential,” the statement said.

Khan’s lawyers ⁠said in a statement that he rejected the decision in the strongest terms, and repeated his denial of any wrongdoing.

“The decision is unlawful, procedurally unfair and unsupported by evidence,” the statement said.

Khan, 56, drew international attention when he applied for warrants against Israeli Prime Minister Benjamin Netanyahu and then-Minister of Defence Yoav Gallant for war crimes and crimes against humanity committed in Gaza.

He also sought warrants for Hamas leaders, including Yahya Sinwar, for the October 7, 2023, attack on southern Israel.

Khan was among the first to be sanctioned by Israel’s ally, the United States, which expressed outrage over the arrest warrants.

He has maintained that the misconduct probe is a politically motivated smear campaign.

According to Reuters and the Associated Press news agencies, the UN probe found a “factual basis” for the allegations of sexual misconduct made by a female aide. However, a three-judge panel selected by the executive committee for a legal assessment of the findings found that the investigation was not conclusive enough.

Khan’s lawyers had previously told Reuters that the judges had unanimously concluded that the “factual findings do not establish misconduct or breach of duty”.

Khan has not led the ICC’s Office of the Prosecutor since ⁠last May, when he took a voluntary leave of absence pending the outcome of the inquiry.

He is the first ICC prosecutor to be formally suspended from his role by the court’s oversight body.

Only the Assembly of States Parties has the authority to remove Khan from office, a move that would require a majority in a secret ballot of its 125 member states.

Sixty-three countries would need to support a measure to remove him.

No date was immediately set for the session.

Khan’s suspension will have little practical impact on the functioning of the court, given his existing leave of absence.

He has already been removed from pleading in the ICC’s most high-profile current case, against former Philippine President Rodrigo Duterte.

WASHINGTON — Democratic Rep. Jimmy Gomez of Los Angeles is reportedly under investigation by the House Ethics Committee over sexual misconduct allegations.

The investigation came after the New York Post reported in April that the 51-year-old, five-term congressman had been spotted kissing a much younger congressional staffer from a different office in 2023.

According to CNN, which on Tuesday first reported news of the investigation, the congressional committee learned of other allegations of sexual misconduct as it investigated the report of Gomez’s 2023 conduct with the staffer.

Gomez was friends with former California Rep. Eric Swalwell, who earlier this year resigned from Congress and suspended his California gubernatorial campaign after multiple women accused him of sexual assault. Gomez had been a co-chair of Swalwell’s campaign.

The 2023 incident with Gomez and a younger staffer reportedly occurred at a party hosted by Swalwell, according to the New York Post. Gomez’s office denied the report at the time.

Another lawmaker, Texas Republican Rep. Tony Gonzales, also resigned from Congress in April in the wake of allegations of sexual misconduct with a former staffer who later committed suicide.

Both Swalwell and Gonzales were under investigation by the ethics committee before they resigned, but those investigations ended when they left office as the committee only has jurisdiction to investigate sitting members.

Gomez’s office didn’t respond to multiple requests for comment, but, in a statement to CNN, Gomez said he would cooperate with the ethics investigation. While he acknowledged making “personal mistakes” outside his marriage and apologized to his family, he said his actions didn’t violate House ethics rules.

“Years ago, I made personal mistakes outside my marriage that have caused real pain to my wife and family. Although my actions were consensual in nature and haven’t violated the law or House ethics rules, that doesn’t diminish the impact that these mistakes have made on those I care about the most,” Gomez said.

The House Ethics Committee declined to comment on the reported investigation.

Gomez is married to Mary Hodge, a past top aide to former Los Angeles Mayor Eric Garcetti. The couple have a son whom Gomez wore in a baby carrier during the lengthy House speaker election in 2023. That same year, Gomez founded the Congressional Dads Caucus, which has advocated for expanded child tax credits and other parent-friendly legislation.

The disclosure of the congressional investigation comes as Gomez faces a campaign challenge from Angela Gonzales-Torres, a Pasadena City College counselor with the backing of the progressive Justice Democrats.

Gonzales-Torres has criticized Gomez for receiving the backing of the American Israel Public Affairs Committee, or AIPAC, though Gomez has at times taken political stances at odds with the group.

After news of the ethics investigation broke, Gonzales-Torres wrote on the social media platform X, “I take political corruption seriously … I also take very seriously what appears to be a culture in Congress in which men abuse women.

“If @RepJimmyGomez has nothing to hide, he should have no concern. But if there was any criminal behavior that he witnessed, participated in, or helped conceal, we will find out and we will help ensure accountability and justice.”

Gomez was first elected to Congress in a 2017 special election to succeed Xavier Becerra, who is now running for governor and has seen the biggest boost in support following Swalwell’s departure from the race in April.

Gomez previously served in the state assembly from 2012 to 2017 and was political director for the United Nurses Assn. of California before that.

R&A chief executive Mark Darbon says that players guilty of on-course misconduct could receive a two shot penalty at the Open in July.

This follows a reprimand for Sergio Garcia at last month’s Masters where the Spaniard damaged a tee box with his club after an angry reaction to an errant tee shot on the second hole of his final round.

Scotland’s Bob MacIntyre was also warned by Augusta officials after microphones caught him swearing and gesturing angrily during a ruinous first-round 80 at the year’s opening major.

Both incidents brought player behaviour into sharp focus in a season where the four major tournaments, the Masters, US PGA, US Open and Open, have agreed to implement a new code of conduct.

The leading professional tours are expected to follow suit, but unlike the majors, their policies have yet to be formalised.

There has always been scope for a player to be disqualified for a serious breach, as Garcia was for furiously damaging a green in a DP World Tour event in Saudi Arabia in 2019.

But now there is scope for referees to impose shot penalties for players who seriously breach the etiquette of the game. It means that, for the first time, a fit of temper could affect a leaderboard at one of golf’s big four tournaments.

“I think first and foremost, you want passion,” Darbon told BBC Sport.

“You want passion from players, you want passion from spectators, but there’s a fine line, and one of the amazing things about this sport are the values and integrity that underpin it.

“So we will watch that line very closely. We, like many of the other major events, are looking to implement a new code of conduct policy that will be in place this summer here at Royal Birkdale.

“And it will give us another measure by which to help influence and control that behaviour.”

Asked how this might impact competitors at the 154th Open, Darbon said: “It will depend on the circumstance and a determination of what their actions may lead to, but you could well see a two-shot penalty, for example, being deployed.

“We will clarify all of those details in the buildup to the championship.”