Prosecutors have ruled out homicide charges over the death of a railway worker who was reportedly spat at by a man claiming to have coronavirus.

Belly Mujinga, 47, died with Covid-19 on April 5, a few weeks after an incident at London’s Victoria station.

British Transport Police (BTP) interviewed a 57-year-old suspect at the time but decided there was not enough evidence to show a crime had taken place.

The Crown Prosecution Service (CPS) was asked to review the case amid widespread outcry that BTP had closed their investigation.


Prosecutors confirmed today that they would not be pressing any charges after tests found that the suspect who allegedly spat at Mrs Mujinga had not been infected with coronavirus and evidence ‘was insufficiently clear’ to show an attack.



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Mrs Mujinga’s husband, Lusamba Katalay, called the decision ‘unjust and unfair’.

Explaining the CPS decision today, deputy chief crown prosecutor, Suzanne Llewellyn, said they had ‘studied enhanced CCTV, forensic materials and witness statements’ to look at whether homicide, assault or public order charges could be brought.

She said CCTV and witness evidence ‘was insufficiently clear and consistent to substantiate allegations of deliberate coughing or spitting,’ ruling out charges for assault or public order offences.

In addition, 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’.

Llewellyn added: ‘Therefore, after careful consideration and with all lines of inquiry explored, we have advised BTP no further reliable evidence has become available to change their original decision in this case.’

The CPS said they have already met with the family of Mrs Mujinga, who had an 11-year-old daughter, to explain their reasoning.

‘We know [this] will be disappointing for them. Our deepest sympathies remain with the family,’ said Llewellyn.

Mrs Mujinga was working as a sales clerk at the time of the confrontation on the railway station concourse on March 21.

Her husband Lusamba previously told how the decision to close the case, which came amid anger over the killing of George Floyd in the US, took the family by surprise.

Speaking following anti-racism protests in June, he said: ‘Black lives do matter. Belly’s life mattered. It mattered to me, to our daughter, our friends and family, to Belly’s colleagues, and now it matters to many thousands of you out there.

‘We were there, united in our anger and our grief. United in our determination to be heard and in our determination to get change. We want justice for Belly.’

An online petition launched in support of Mrs Mujinga has been signed by more than two million people.

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