THE BRITISH Transport Police has asked the Crown Prosecution Service (CPS) to review evidence in relation to the death of Belly Mujinga, a transport worker who died from COVID-19 after it was alleged a man who said he had the virus spat at her.

While the BTP has said it does not believe there is “sufficient evidence” to support a prosecution, it has invited the CPS to conduct an independent review of the evidence to identify any further lines of enquiry following huge public interest.

Mujinga, 49, died on 5 April, 14 days after an interaction with the man at Victoria Station.

Last week, following an investigation into the mother-of-one’s death, the BTP announced it was closing the case.

It said after reviewing CCTV, no evidence was found that Mujinga had been spat at or coughed on.

In a statement released last week, BTP said: “Following a review of all the information, senior detectives have concluded that there is no evidence to substantiate any criminal offences having taken place, and that the tragic death of Belly Mujinga was not a consequence of this incident.”

The conclusion of the investigation prompted outcry and has seen more than a million people sign a petition in support of securing a prosecution for Bujinga’s death.

Sharing further details behind the decision to close the case, BTP said today: “We considered a range of potential criminal offences that might have been committed. Where there is evidence of someone deliberately spitting at another person this might constitute Common Assault or a Public Order offence. In order to consider whether any actions contributed to Mrs Mujinga contracting coronavirus and her subsequent tragic passing, it would be necessary to first have evidence of spitting or another action that might lead to infection, and therefore have a direct causal link. 

“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.”

This week, Mujinga’s husband and family marched alongside anti-racism protesters in London to demand justice for her.

A crowdfunding page has been set up for Mujinga’s family.