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A mother, working as a ticket collector, has died of COVID-19 after being spat at by a man claiming to have the illness.
Belly Mujinga’s family have spoken exclusively to Sky News after her death sparked a new row over the safety of workers, PPE, and protecting employees with underlying health problems.
On 22 March, the 47-year-old was working with a colleague on the concourse at Victoria Station in London when a member of the public assaulted both of them.
Agnes Ntumba says her cousin wanted to spend her shift inside the ticket office
Belly’s cousin, Agnes Ntumba, who spoke to Belly on the day of the incident said: “She begged the team leader to be inside the ticket office where she normally works, and she said ‘no both of you should be out’.
“They went out and they met a person who said ‘why are you here?’ And they said ‘we’re working’.
“Then the person said ‘I’ve got COVID‘and straight away he spat at them. “
According to the family, Belly and her colleague told their supervisor that they were scared for their lives and asked not to be sent back out, and to instead work from inside the ticket office.
But the management said they needed people working outside and sent them back for the rest of their shift.
Despite the pair asking their employer to call the police, it appears officers were not called to the incident, and British Transport Police (BTP) told Sky News they could find no record of it.
The two colleagues had no PPE and within days of the assault both women fell ill with the virus.
Lusamba Gode Katalay says ‘justice must be done’
In an interview with Sky News, Belly’s husband Lusamba Gode Katalay said: “They weren’t given masks, or gloves, so they were exposed to everyone.
“It’s her employer, the company and the state who have to look at that.
“Me and Ingrid (his 11 year old daughter) we saw Belly, on the 2 April when she left for hospital. Then we didn’t see her again.
“She’s dead and we buried her without being able to see her.”
Belly died in Barnet hospital on 5 April, 14 days after the assault.
Ingrid never saw her mum again after she went into hospital
Ms Ntumba added: “Justice must be done.
“When it happened she could have brought it in the house. The husband is here, the daughter is here. We could have lost all of them.
“We need justice, if the person is caught he needs to do his sentence, for Belly.”
It is not possible to say whether or not Belly contracted the virus from the spitting incident, but as lockdown is eased her death raises a number of questions for people being asked to return to work.
To begin with, Belly had underlying respiratory problems and even before contracting the virus had regular hospital appointments as she found it hard to breathe.
Manuel Cortes, General Secretary for Transport Union TSSA, of which Belly was a member said: “As a vulnerable person in the ‘at risk’ category and her condition known to her employer, there are questions about why GTR didn’t stand her down from front line duties early on in this pandemic.
“The assault she suffered at work was scary and we do not think the company treated it seriously enough.
Belly’s employers say they are investigating the claims
“Anyone who is vulnerable should remain at home and home working should be the default wherever possible.
“Our rail industry needs to have a very serious look at what tasks are deemed ‘essential’ and must put protections in place for all our members and our passengers.”
Employment Lawyer Christopher Hitchens from law firm Katten said any worker should be able to speak to their employers to see a summary of what measures they have taken to provide a safe working environment.
“The government is setting out guidelines on the types of measures they might want companies to take for example hand sanitisers, masks, maybe in the work place – wearing gloves, not having shared office space,” he said.
“So if you are concerned about it in any way – speak to your employer – find out what action they have taken and whether you are comfortable with it.”
Angie Doll, Managing Director, Southern Railway and Gatwick Express, Belly’s employer, told Sky News: “We are devastated that our dedicated colleague Belly has passed away and our deepest sympathies are with her family with whom we have been in touch with through this very difficult time.
“We take any allegations extremely seriously, and we are investigating these claims.”
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Lawyers say it is highly unlikely that someone who spits on another person would be charged with anything other than the relatively minor offense of battery, even if the victim subsequently became seriously ill or died as a result of COVID-19.
Dr Geoff Pearson, senior lecturer in criminal law at the University of Manchester said: “The reason for this is that the prosecution would have to prove (to a standard that the jury are sure, or ‘beyond reasonable doubt’) the element of causation – ie that it was that saliva that caused the infection that led to the serious illness or death.
“If you could prove the causation element of the offense, then technically, in a situation where an individual suspects they could have COVID-19 and spits on another who then dies as a result of the infection, this could be manslaughter.”
TSSA representatives have reported the incident to the Railways Inspectorate, the safety arm of the Office for Road and Rail (ORR) for investigation.
