The driver of an open-top double decker has been acquitted of causing serious injury to a 72-year-old tourist who claimed his sudden braking made her lose her footing and fall over.

Maria Duncan Geb Gerstlauer and her husband Brian had boarded the tour bus on a hop-on, hop-off service in Gozo, on December 14, 2012.

Ms Gerstlauer testified that they were in Xlendi when they boarded and the driver, George Tabone, 54, from Fontana, started and stopped the bus abruptly, causing her to fall to the floor. She suffered several fractures.

A court-appointed expert, Raymond Aquilina, said injuries of this severity were not commonly associated with falls of this kind but women of the victim’s age usually suffered from a weakening of the bones which could have facilitated the injuries.

Testifying, Mr Tabone said he would have had to leave on time and after people boarded the bus he had waited for about two minutes before starting the bus and moving forward.

He said Ms Gerstlauer and her husband first sat down in the lower part of the bus before deciding to move to the upper deck while the bus was in motion and despite warning signs against such a manoeuvre.

Magistrate Josette Demicoli acquitted Mr Tabone after noting that the tourist’s husband was unsure whether they had sat down on the seats below before opting to move to the top.

She found Mr Tabone’s version to be more credible, saying there was no need for him to leave before the scheduled time.