12 October 2020
Dear All
Important Update further to Panorama’s broadcast
Further to the Panorama broadcast this evening, and given the significant public concern, Belly’s family have now called for an immediate public inquiry to be established to determine the facts surrounding the tragic death of Belly.
Our letter to the Prime Minister setting out the grounds for that request for a public inquiry can be found at our website at www.equaljustice.co.uk
The letter made the following 22 observations in respect of the public concern about these matters:
1.Govia Thameslink Railways (“GTR”) never reported the coughing/spitting assaults to the police, at the time of the incident or subsequently. The police were made aware of the alleged assault by the trade union which contacted the police’s media department on about 11 May 2020;
2. GTR’s failure to report the matter to the police meant that the original CCTV evidence was automatically deleted by Network Rail, 28 days after the incident;
3. The police have confirmed to our clients that the failure to report the assaults hampered their investigation eg: they were unable to collect DNA evidence or access the 180 CCTV camera original footage, and enhance the same;
4. Belly was known to have a medical conditions which meant she should not have been asked to work outside on the concourse that day by her supervisor (either at all and/or for any length of time). Her supervisor had sought to dock her pay for attending a hospital check-up prior to the incident;
5. Belly was not on the rota to work outside on the concourse that day;
6. Belly had issued a race complaint against her supervisor on 10 February 2020 which remained unaddressed by GTR at the time of the 21 March 2020 incident, and to date;
7. That supervisor ordered Belly to work outside, and did so without any or any adequate PPE;
8. GTR failed to provide masks to their frontline staff at that time and forbad their staff to wear their own masks outside on the concourse;
9. GTR’s Chief Medical Officer advised at the time that frontline staff were able to work outside without masks and have up to 15 minutes of contact with covid victims without any risk of infection. There was no informed medical basis for such terrible advice;
10. The towering white male who coughed/shouted/spat at Belly (and her colleague Motolani), did so twice, and on the second occasion did so having walked away from her, only to return to repeat his conduct, so his actions could not have been “involuntary”. He also pointed his finger at her;
11. One police officer told the family (before the police and the CPS decided against taking further action) that she was in “no doubt” something happened, by the fact that Belly backed away from the white male on both occasions and then left her post to leave the area, after the second assault. She went to the reception area to apply anti-bacterial wash and remove the spittle from her face and clothes;
12. Belly informed staff at the time that the white male perpetrator said to her that he had the covid virus before he coughed/shouted/spat at her.
13. Her colleague Motolani corroborated that fact to management, as did the trade union the TSSA. The only reason that the white male perpetrator told them that he was suffering from covid would have been to protect them or put them in fear. It could not have been to protect them as he did not cover his mouth or look away, and he returned to berate Belly for a second occasion;
14. Motolani reported the assault to management at the time;
15. Management did not report the matter to the police and instead ordered them both to work outside again;
16. Belly and Motolani both begged management not to have to work outside again after the assault, but they were ordered outside again for several hours, and before their shift ended;
17. GTR said that they did not report the matter to the police because it was not reported to them as a covid spitting incident. However, they subsequently admitted in the public statement that they were so aware, but then gave no explanation why they had not reported it to the police at that time, or after that;
18. The police also said they were confident the man could not have infected Belly because he had had an antibody test "as part of his occupation" four days after the incident. Such tests were notoriously unreliable at that time. However, it also suggests he was in a privileged occupation, and the family and the public need to be reassured that justice is being done and seen to be done in this case;
19. GTR did ask Network Rail for the CCTV footage in April 2020 but did not inform it that an alleged assault had occurred;
20. In GTR’s August 2020 public statement, publicised in the media 6 days before it was announced that your Minister had granted them their emergency contract on 21 September 2020, GTR claimed not to have knowledge of Belly’s medical conditions, which was not true;
GTR also claimed to the public that staff had access to spit kits, which was not true.
21. Victoria Station ticket office was subsequently closed having been found by the ORR and/or HSE to be unfit to work in on health and safety grounds, and we understand it remains closed at present. GTR were responsible for the health and safety of their staff within that office, and on the concourse; and
22. GTR admit to failing to support Belly’s family after her death. Her two million supporters need to know what was the reason for that and how can employers better support the bereaved family after alleged work-related deaths?
We have also written to the coroner to seek a separate coroner’s inquest.
I have set my own observations about the CCTV having viewed it on 8 October 2020 on our website (I also updated you with the same here).
Lusamba is currently travelling but has responded by way of two short videos with his feelings of the present situation. These videos may also be accessed at the same website at www.equaljustice.co.uk
or at my YouTube account at LawrenceDaviesEJ 2019 -
and
Finally, Lusamba has given permission to share with you the final video that Belly made before the incident on 21 March 2020. It was filmed on 17 March 2020 and in it she tragically sets out her health concerns about working on the concourse at Victoria Station four days before the alleged assaults on her by the white male perpetrator. She asks us all to take care. Again this can be accessed at our website at
or at the YouTube at https://youtu.be/tiK8vR1Sflg
For those interested, I provide daily shorter updates concerning the fight for justice for Belly’s family at
Twitter (@LDaviesEJ) and
LinkedIn (Lawrence/Davies/LLM).
Thank you for your ongoing support.
Be well.
Lawrence