Transport police refuse to name ‘spitter’ linked to death
THE family of a London transport worker who died from Covid after being “spat at” while on duty, is unable to pursue a private prosecution because transport police have refused to share the name of the suspect, their lawyers claim.
A legal team acting on behalf of Belly Mujinga’s widower, Lusamba Katalay, have submitted a complaint to British Transport Police (BTP) after their requests were ignored.
Mrs Mujinga, 47, who worked as a railway ticket officer in Victoria station, died on April 5 last year after testing positive for Covid-19.
About two weeks before she died she said a customer had spat on her after claiming to have Covid-19.
BTP investigated the incident following the mother-of-one’s death and questioned a 57-year-old man. But the force concluded there was “no evidence to substantiate any criminal offences”.
The CPS later reviewed the evidence and confirmed “no reliable evidence” was available to alter the decision.
But Lawrence Davies, of Equal Justice Solicitors, said they are “concerned” the force will not release the name.
BTP has discretion and is not required to release the name of a person who is questioned in connection with a case in accordance with the Data Protection Act, he told The Sunday Telegraph. But he added that there is an exception for lawyers seeking that information in order to pursue a case within the civil courts.
A British Transport Police spokesman said: “While our thoughts continue to be with Belly’s family and friends, it is not within the remit of the police to assist the public in their pursuit of civil remedies.”
Andrew Walker, a senior coroner, is currently considering whether to hold an inquest into Mrs Mujinga’s death.
Mr Katalay said the hearing would give the family “concrete answers”, adding: “It will be good for me and my daughter, we will be able to have peace.”
A socially distanced vigil will be held at Victoria station at 11.22am tomorrow – the time Mrs Mujinga was allegedly assaulted – to mark the first anniversary of her death.