No criminal action will be taken against the bus driver who allegedly beat up a tourist last month in Sliema because the alleged victim cannot be traced and the police feel there is not enough evidence to sustain a criminal case in court.

The police began to investigate the case following a report of the incident by means of a letter that appeared on The Times on June 30.

Police sources confirmed that the bus driver had been summoned to the police headquarters in Floriana and made a statement.

The driver alleged, the sources added, that it was the tourist who first hit him on the head with the buckle of his belt after he complained he had been overcharged.

The incident occurred on June 25, just after 11 p.m., when the tourist was on the bus on his way to the MTV concert in Floriana. Drivers ferrying people to the massive concert were charging €1.16, as they do after 10 p.m.

The driver claimed that the tourist felt he was overcharged so he took off his belt and hit him on the head with it. That was when the driver protected himself from the blows.

The eyewitness who wrote to The Times recounted how the bus stopped suddenly at Balluta, St Julians, and the driver got out of his seat and "repeatedly savagely assaulted one of the passengers", who was seated on the driver's left hand side.

The young man was "subjected to a prolonged shower of heavy blows" from the driver. Eventually, he was thrown off the bus with his shirt torn. But the story did not end there, according to the eyewitness. When the foreigner shouted insults at his aggressor, the driver assaulted him on the pavement.

At least three people saw the incident but, according to the police, this is not enough to institute criminal proceedings. According to law, any doubt goes in favour of the accused.

The driver, who was reported to have sustained injuries to his head, did not deny hitting the tourist.

However, the police have nothing other than the version of the eyewitnesses - who would not even be able to recognise the driver in court - and that of the bus driver, who is claiming he was a victim of aggression before the incident recounted by the eyewitnesses took place.

Other people who were on the bus did not come forward.

The Malta Transport Authority is still conducting its own investigations into the matter and "administrative measures" - such as the withdrawal of the driver's licence - were being considered.

mxuereb@timesofmalta.com