Belly Mujinga death: No charges as evidence is "insufficiently clear"

7 August 2020, 10:48 | Updated: 7 August 2020, 10:57

Belly Mujinga death: No charges for man with COVID-19 who spat at rail worker
Belly Mujinga death: No charges for man with COVID-19 who spat at rail worker. Picture: Getty

The Crown Prosecution Service has confirmed that the 57-year-old suspect will not be charged over the incident.

By Matt Tarr

Belly Mujinga died after contracting coronavirus just weeks after a man claiming to have the virus spat at her whilst she worked at London's Victoria rail station.

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According to medical reports, the 57-year-old suspect who claimed he had coronavirus when he spat at Belly was not actually infected with the virus.

Black Lives Matter protesters have campaigned for justice for Belly Mujinga
Black Lives Matter protesters have campaigned for justice for Belly Mujinga. Picture: Getty

After the British Transport Police claimed they could find no clear evidence that Belly Mujinga had been spat on, an investigation and review was launched by the Crown Prosecution Service (CPS).

Deputy Chief Crown Prosecutor Suzanne Llewellyn released a statement addressing the fact no charges would be made in Belly's case and ruled out any potential charges for homicide.

Llewellyn 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."

The CPS confirm there will be no charges in the Belly Mujinga case
The CPS confirm there will be no charges in the Belly Mujinga case. Picture: Getty

She continued, “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."

Closing her statement, Llewellyn added, “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.”

Reacting to the CPS' decision not to file any charges at all, Belly's husband Lusamba Katalay told the BBC, "I am hurting and feel very bad, this is all so unjust and unfair.

"I am disappointed in the decision, but not surprised as the police did not change course. I wasn't looking for glory, only the truth, so one day I could tell our daughter what happened to her mum."

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