Bus driver cleared of face-slash attack on neighbour

A bus driver has been cleared of slashing a man’s face with a knife after the victim could not be summoned to testify.

Egyptian-born Hosam Soliman, 40. from St Paul’s Bay was cleared of grievous bodily harm charges in a judgment handed down last week.

In 2016, Soliman had been arrested and charged after allegedly slashing Sameh Abbas El Sayed Adam in the face with a knife in an unprovoked attack on a bus stop. The police were called after Abbas had visited the Mosta Health Centre for treatment. He told the police there that he had been stabbed in the cheek by the accused, who lived in the same block of flats as him.

According to Abbas’ statement to police, he had greeted Soliman – a bus driver- on the bus stop, but the Egyptian had complained that he had started the day badly, before reaching into his bag and pulling out a knife with which he slashed Abbas’ left cheek, whilst insulting his parents. He had also threatened the victim that that same evening, he would stab his other cheek, said the victim.

Doctors classified the injuries as grievous, due to the fact that they could leave a permanent visible 10cm scar on the victim’s face.

At the time of his arrest, Soliman did not speak to a lawyer before questioning and so his statement was not taken as evidence by the court, in line with jurisprudence on the matter.

Magistrate Nadine Lia noted that the prosecution had not produced the victim to testify, as he could not be traced. This deprived the court of the opportunity to observe the man’s demeanour and hear his cross-examination. “Without his testimony, the prosecution’s case cannot rest on the most crucial evidence it has,” said the court.

The court also observed that identified third parties who had potentially witnessed the incident were not summoned by the Attorney General or the police. Neither did searches of the accused’s residence return a blade matching the detailed description by the victim.

In light of this, the court ruled that there was insufficient evidence to find guilt beyond reasonable doubt and acquitted the accused.

Superintendent Maurice Curmi prosecuted. Lawyer Veronica-Anne Spiteri was defence counsel.