Coroner orders expert to examine how railway worker caught Covid infection that killed her after she was 'spat at by man'

  • Married mother-of-one and railway worker Belly Mujinga, 47, died in April last year with coronavirus 
  • She claimed to have been coughed on days earlier by a customer at London Victoria train station
  • Coroner says 'causation' will start to help to plot what areas may need to be covered at her inquest
  • He says that an expert will deal with the possible causes of Covid infection that led to her death

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A coroner today ordered an expert to help investigate the death of a railway worker who died with Covid-19 after she was allegedly spat at by a man who said he had coronavirus.

Married mother-of-one Belly Mujinga, 47, died in April last year with the virus after she claimed to have been coughed on days earlier by a customer at London Victoria train station.

Coroner Andrew Walker told a preliminary hearing at Barnet Coroner's Court that 'causation' would be a starting point in helping to plot what areas may need to be covered at the inquest into Mrs Mujinga's death.

The North London coroner said that an expert would be needed to deal with the possible causes of the Covid infection that led to Mrs Mujinga's death in the first phase of his 'step-by-step' approach to setting up the inquest.

The expert, who is to be selected in the next month, could be a specialist in respiratory medicine, public health or an area that straddles both disciplines, the court heard.

The amount of traffic and passengers going through the station could be an area that is useful for the hearing, and the court would seek to find any CCTV footage of the scene.

British Transport Police interviewed a 57-year-old man over the incident but said there was not enough evidence that a crime had taken place. The man has never been named publicly.

Belly Mujinga, pictured with her husband Lusamba Katalay, who died with Covid-19 after allegedly being spat at while on duty

Belly Mujinga, pictured with her husband Lusamba Katalay, who died with Covid-19 after allegedly being spat at while on duty

Mrs Mujinga, 47, died in April last year with the virus
Mrs Mujinga claimed to have been coughed on days earlier by a customer

Mrs Mujinga, 47, died in April last year with the virus after she claimed to have been coughed on days earlier by a customer

There were two other employees who became unwell while working at the station, one who died from a Covid infection and another who became ill with Covid-19 like symptoms, according to a previous statement from the coroner's office. The coroner said that no passengers who were at the station could currently be identified.

Mrs Mujinga graduated with a degree in journalism and became the first female sports journalist in her home country of the Democratic Republic of the Congo.

Timeline of Belly Mujinga's death and the police investigation 

  • March 21, 2020: Belly Mujinga is allegedly spat at by a customer at London Victoria train station who claims to have 'the virus'
  • March 21: Her colleague Motolani Sunmola reports the incident to their employer Govia Thameslink Railway
  • March 25: The suspect is tested for Covid-19 but results confirm he had not been infected
  • April 2: Mrs Mujinga is taken to hospital after becoming unwell
  • April 5: She dies in hospital
  • April 8: The Transport Salaried Staffs' Association tells GTR about an allegation of deliberate coughing
  • May 12: The TSSA claims Mrs Mujinga has been assaulted by a man who deliberately coughed and spat at her, saying he 'had the virus'
  • August 6: Crown Prosecution Service says insufficient evidence has emerged for it to bring charges against anyone relating to homicide, assault or public order offences
  • September 16: A report by GTR suggests the alleged attack never happened because no complaints about spitting were made at the time by staff and police also 'concluded that no spitting incident took place'
  • October 12: A BBC documentary reveals CCTV footage which allegedly showed Mrs Mujinga running away after she was said to have been spat on by a man was deemed 'inconclusive' by police 
  • April 4, 2021: The family of Mrs Mujinga call for police to disclose the suspect's name so they can sue him
  • May 7: North London coroner Andrew Walker says that there will be an inquest into her death
  • Today: The coroner says that an expert will be needed to deal with the possible causes of the Covid infection that led to Mrs Mujinga's death
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Lawyers for the Mujinga family have said she left the African country for 'security reasons' and settled in the UK before marrying her husband and giving birth to their daughter Ingrid, who is now 12.

Mrs Mujinga was working as a sales clerk at the time of the confrontation on the station concourse on March 21 and died on April 5 after contracting Covid-19. A date for the inquest has yet to be set. 

A bundle of evidence, including CCTV of the spitting incident, and other footage and data to determine footfall at the station at the time was suggested to be among the material included.

Parties have been given 28 days to prepare the bundle ahead of a two-week period allowed for lawyers to formulate questions for the expert.

Mr Walker said: 'What I am going be seeking is that I instruct an expert to look at the issue of causation and what I would like is an agreed document that can be sent to the expert so that the expert can consider the matter.

'There will also be, it seems to me, the necessity of that expert to view any CCTV footage that may be relevant, and it may be relevant for the more general position at the time of this incident to be considered.

'In other words, if CCTV footage - if it's still in existence for that period of time - to see what the general passage of travellers thought the station was at that time and that may be helpful to understanding whether there was an issue relating to the ordinary, everyday use of the station by customers.'

The court also heard how the man accused of spitting at Ms Mujinga, - referred to in court as AB - who was never charged with a crime, was not to be named in any of the material.

The coroner has also not granted him interested person status - which would allow him to make submissions and ask questions of witnesses, nor has he sought it.

Mr Walker said: 'I don't think AB has sufficient interest, and my position is that, should that change, I will write to you and notify you.'   

On May 7, Mr Walker confirmed that an inquest would be held into the death of Mrs Mujinga.

Manuel Cortes, general secretary of the Transport Salaried Staffs Association (TSSA), said today: 'Appointing an expert to look into what happened to Belly gives us real confidence in the inquest process.

'It's always been our contention that there are far too many outstanding questions over her death. Cleary the Coroner is keen to leave no stone unturned and our union stands ready to help in any way we can so that we can get to the bottom of what happened. 

Lusamba Katalay (in cap), the husband of Belly Mujinga, joins activists at a vigil for her at London Victoria on April 5, 2021

Lusamba Katalay (in cap), the husband of Belly Mujinga, joins activists at a vigil for her at London Victoria on April 5, 2021

Mrs Mujinga was working as a sales clerk at the time of the confrontation on the London Victoria concourse (file image)

Mrs Mujinga was working as a sales clerk at the time of the confrontation on the London Victoria concourse (file image)

'The full facts simply must be established so that Belly's family can have the closure they deserve, and lessons can be learned from this tragic case which touched our nation.'

A statement from the coroner's office in May said there was 'reason to suspect that the death was unnatural'.

The statement said: 'There was a recognised increased risk for frontline workers including public transport employees, care home workers, emergency services personnel requiring the issue and use of PPE equipment.

'There are concerns about the provision of PPE and the deployment of Mrs Mujinga at the station which may have involved an element of human error. 

'Two other employees became unwell whilst working at the station, one who died from a Covid infection and another who became unwell with Covid-19 like symptoms.' 

Coroner orders expert to examine how railway worker Belly Mujinga caught Covid

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