The Crown Prosecution Service (CPS) will be reviewing evidence into the death of a railway worker who was reportedly spat at by a man claiming to have coronavirus.
British Transport Police (BTP) concluded that Belly Mujinga's death was not linked to the incident and closed the case. However, last week the case was reopened by BTP, which said it requested the CPS review in light of wider public interest.
The railway worker , who was aged 47, died with COVID-19 on 5 April, several weeks after an incident at London's Victoria Station.
BTP interviewed a 57-year-old man who presented a negative antibody test, showing he had never had the illness. The force thus decided not to refer the case to the CPS.
At the time the BTP said: “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.”
In a statement on Friday 5 June, BTP said it had invited the CPS to conduct an independent review of the available evidence and examine whether there were any further lines of inquiry.
BTP said it understood the depth of feeling over the case and that there were further questions over how it was decided there was insufficient proof of a crime to justify a prosecution. “We can assure the public that we have comprehensively reviewed all the available evidence and have not identified any offences or behaviour that meets the threshold for prosecution,” BTP said.
More than a million people signed a petition in support seeking justice for the Mujinga family.
Angie Doll, managing director of Southern Railway and Gatwick Express, said: "Our hearts go out to Belly's family who we continue to offer our deepest sympathies to. While the conclusion of the BTP investigation found no evidence of spitting, any loss of one of our dedicated colleagues from coronavirus is one too many. Our absolute focus remains on keeping all of our colleagues safe, and we continue to follow all government health advice to protect them.”
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