News 6 August 2020

Belly Mujinga: CPS Rule Out Charges Over Rail Worker’s COVID-19 Death Who Died After Being Spat At

6 August 2020

The Crown Prosecution Service (CPS) will not bring charges over the death of rail worker, Belly Mujinga, who died from coronavirus after being spat at while at work.

47-year-old Mujinga died on April 5 after contracting coronavirus, weeks after she was spat at while on duty at Victoria station in London by a man who claimed to have the virus.

The CPS’ decision to rule out charges today (August 6) comes after medical tests confirmed the 57-year-old suspect accused of spitting at Mujinga had not been infected with COVID-19.

The CPS were asked to review the after an investigation was launched following Mujinga’s death but the British Transport Police took no further action as they could not find any evidence that she was spat on or coughed at. 

Suzanne Llewellyn – Deputy chief crown prosecutor – said:  “At the request of British Transport Police, following their decision to take no further action in this case, the CPS has now independently reviewed the evidence and advised on any further lines of enquiry that might support a prosecution.

“As part of this review, we studied enhanced CCTV, forensic materials and witness statements.

“CCTV and witness evidence was insufficiently clear and consistent to substantiate allegations of deliberate coughing or spitting, meaning no charges can be brought for assault or public order offences.

“Medical tests confirmed the suspect had not been infected with coronavirus, which together with the lack of other evidence rules out any charges in relation to homicide.

“Therefore, after careful consideration and with all lines of inquiry explored, we have advised British Transport Police no further reliable evidence has become available to change their original decision in this case.

“We have met with the family of Ms Mujinga to explain our reasoning, which we know will be disappointing for them. Our deepest sympathies remain with the family.”