THE MOTHER of a man shot dead by police as he raised his hands slammed a judge who ruled that her son was “lawfully killed.”

Margaret Smith said she did not accept the findings of the Supreme Court that her son Jermaine Baker, 28, presented a threat to the firearms officer.

Judge Clement Goldstone QC said race was not a factor in the shooting, but criticised the police for failing to pass intelligence that Baker did not have a live firearm to the marksman.

Baker, from Tottenham, was unarmed when he was shot in 2015 by a specialist firearms officer known as W80, and an imitation Uzi was found in the boot of his Audi.

The inquiry heard that Baker may have been asleep in the front passenger seat when he was confronted by the police and misheard the order to put his hands on the dashboard.

W80 said the fact that Baker was raising his hands in surrender meant he feared he was reaching for a gun.

Baker was fatally shot within five seconds of officers beginning to shout.

Reacting to the lawful killing verdict, his mum Margaret said: “That is a conclusion that I cannot understand, and the judge has not explained why he has drawn that conclusion.

“After seven years of waiting, and two months of evidence, we deserve more.”

She told ITV: “His hands were up. His injuries show he was hit in his wrist and it went into his neck. This is why I cannot, and will never, ever, agree with what that judge has written in that report.”

Baker was in a car with two other men in Bracknell Close, near Wood Green crown court, apparently planning to break Izzet Eren, a member of a Turkish gang, out of a prison van.

In a 100-page report, Goldstone concluded that officer W80 “held an honest and genuine belief that Mr Baker was moving in order to reach for the firearm.

“As such, W80 perceived that Mr Baker posed a lethal threat… I draw the conclusion, on the balance of probabilities, that the perceived threat from the actions and movement of Mr Baker was such that W80 honestly believed that it was reasonably necessary for him to shoot at Mr Baker.”

The police watchdog, the IOPC, had previously found that W80 had a case to answer for gross misconduct.

Today’s report also found the police had conducted a “slapdash” operation. Police did not consider any possibility other than armed intervention, and failed to assess the risk posed by Eren’s cousin, Ozcan Eren, who masterminded the planned break out from a prison van.

Police also failed to keep notes of meetings, which showed “an arrogant, dismissive attitude towards formality and a failure to appreciate the importance of accountability and maintaining an audit trail.”

Commander Fiona Mallon, for armed policing, said: “Our thoughts remain with Mr Baker’s family and all affected by this case.

“The Met has offered every support to W80, his family and wider colleagues throughout this matter and we continue to do so. I don’t underestimate the impact upon them all.

“Today’s judgement has implications for use of force by all police officers and we will need time to consider the detail with policing colleagues nationally. 

“This will include carefully considering the legislation, guidance and training currently in place for police officers.”