Former bus driver fined for injuring commuters after seeing them kiss

A man formerly employed by Arriva as a driver is fined €1,000 after being convicted of injuring two female youths, who were kissing on a public bus.

A former Arriva driver was fined €1,000 for injuring two women who were kissing on the bus.
A former Arriva driver was fined €1,000 for injuring two women who were kissing on the bus.

Marco Borg, 43 of Birkirkara, was fined €1,000 after being found guilty of injuring two female youths, disturbing the public peace, relapsing and committing an offence while under probation.

The incident, dating back to 3 February 2012, made news when sections of the media described it as a homophobic attack. The victims were aged 17 and 21 and were allegedly kissing on a public bus.

Borg, who at the time was employed as a bus driver, was returning home as a passenger on the Naxxar route after his shift ended. When the bus got to Msida, two female passengers started kissing and Borg lashed out them, telling them to behave properly in public. Moments later he pointed out to the two youths that the bus was full of young schoolchildren and that their actions were scandalous.

His version of events was corroborated by the bus driver, Maurizio Polidano, who did not recollect any physical fighting. The on-board CCTV also substantiated Borg's testimony.

However when the bus arrived at Sarria in Floriana, the dispute escalated. The two youths and the accused confronted each other face-to-face. The bus driver stopped and asked Borg to get off the bus. The accused agreed but the women left their seats and followed him off the bus.

The accused claimed that the women grabbed his shoulder and as he turned, they lost their footing. The women claimed Borg assaulted them and threw them to the ground.

Following the incident, Arriva terminated Borg's employment.

The defence argued that the accused had stood up for morality after the two women started kissing. Moreover, some years prior to the incident, the accused was involved in a work accident which had left him suffering from partial disability. The accident had also affected Borg's reasoning abilities.

Stating that the prosecution had failed to prove that the man had a premeditated intent to grievously injure his victims, Magistrate Neville Camilleri acquitted the accused of attempting to grievously injured the two youth, but convicted him of all other charges. Borg was fined €1,000.

Inspector Kylie Borg prosecuted while Dr Lucio Sciriha appeared for the accused.

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There should be room for everybody, both the homosexuals and the simple minded people.
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It seems that in Malta, homophobia is a valid defence in court.