BTP taking no further action over attack on Belly Mujinga

[Fambo Number Mive]

The death of a railway worker who was spat at by a man claiming to have coronavirus was not linked to the attack, police have concluded.

Belly Mujinga, 47, who died with Covid-19 on 5 April, was working at Victoria station when she was assaulted.

Following "extensive inquiries" British Transport Police (BTP) concluded the attack did not lead to her death.

The force also said no further action would be taken against a 57-year-old man interviewed by officers.

It was reported Ms Mujinga had been spat on and coughed at while working in the ticket hall with two colleagues.

BTP said it had scoured CCTV footage and spoken to key witnesses to "establish the full circumstances of what happened on 21 March".

"Following a review of all the information, senior detectives have concluded that there is no evidence to substantiate any criminal offences having taken place", it said.

"As a result, the matter will not be referred to the Crown Prosecution Service."

https://www.bbc.co.uk/news/uk-england-london-52853859

I'm not sure how they could prove that the spitting attack wasn't the cause of death - maybe they would have had to prove the person had corona but I don't see how they could prove he didn't at the time, given it happened in early April.

The law should have been changed in early March to make purposefully spitting and/or coughing at someone count as attempted murder for the duration of the Covid pandemic.

So do they have no evidence of the assault having taken place and therefore cannot proceed any further? What about the testimony of the staff member with her?

Also, why didn't Govia Thameslink furlough Belly to keep her safe, or at the very least move her to a backoffice role for the duration of the pandemic on the same or higher pay, given she had underlying respiratory problems?

42 Tfl workers and 10 National Rail staff have died from coronavirus.

There is a petition for justice for Belly Mujinga - it was set up before the person was arrested by BTP but I think a lot of it is still relevant: https://www.change.org/p/govia-thameslink-justice-for-belly-mujinga

...Mujinga's union, the Transport Salaried Staffs Association (TSSA), said at the time of the news of her death that she had been left extremely shaken by the incident and urged her bosses at Govia Thameslink Railway (GTR) to call the police.

She is said to have pleaded not to be sent back outside, asking instead to work from inside the ticket office. Mujinga had underlying health issues for which she had taken time off work previously, and said she was scared for her life.

The request was allegedly refused and Mujinga was sent back out on the concourse. She died on April 5, leaving behind an 11-year-old daughter Ingrid, and husband Lusamba Gode Katalay...

https://www.huffingtonpost.co.uk/entry/belly-mujinga-victoria-station-coronavirus-police_uk_5ed119bec5b6e4623125ad32

[idunnosomename]

it really isn't easy but not only can you not prove the spit caused it, I also think it probably didn't

the real villains here are the men in suit and ties who were forcing her to work on the front line despite being high risk. lock them up. cheers

[Fambo Number Mive]

TSSA response:

...Manuel Cortes, TSSA General Secretary, said: "We are pleased that the British Transport Police investigated this incident as it sends a very strong message that abuse and attacks directed at transport workers are always unacceptable.

"We hope that the ORR's health and safety investigation – which is ongoing – will help to establish more facts about this case and put in place clear guidance on protecting rail workers from this killer virus.

"What is clear is that protective equipment is absolutely vital to protect front line workers like Belly. All transport workers on the front line should have access to masks, visors, hand sanitiser and other protective equipment. Even this week, Belly's GTR colleagues at Victoria Station still did not have visors despite other companies providing them. This has to change now. Staff are scared and infection rates remain high...

https://www.tssa.org.uk/en/whats-new/news/index.cfm/tssa-responds-to-btp-investigation-into-belly-mujinga-case

If transport companies are putting frontline workers at risk by not providing the correct PPE, unions should be balloting for strike action and advising members not to work until adequate PPE is provided. Staff with health conditions that would put them at increased risk of death or serious illness from catching covid should also be furloughed. Thameslink need to explain why they are not keeping their staff safe.

[Astronaut Omens]

Given that a frontline worker is going to be at very high risk of catching Covid from any number of people, it might be impossible to say exactly when and where she caught the virus, but I don't see why they didn't charge the bloke with common assault at least.

[Fambo Number Mive]

CPS asked to review the evidence by BTP .

BTP claim the following:

Having thoroughly reviewed all statements from key witnesses including co-workers and closely reviewing the CCTV footage, the investigating officers concluded there was insufficient evidence to support a prosecution based upon the allegation that the man spat deliberately on Mrs Mujinga or said that he had the virus.  It was therefore determined that there was insufficient evidence to pursue charges of Common Assault or a Public Order Act offence. Without those precursor elements there is insufficient evidence to link the alleged actions with Mrs Mujinga contracting coronavirus.