The police have not yet managed to identify the man caught on camera being assaulted by Transport Malta officers, Times of Malta has learnt.

Sources close to the investigation said the man, believed to be a foreigner, did not file a report after the incident on October 26 and may have left the island.

Investigators have returned to the scene to collect other CCTV footage from the area as they scramble to identify the victim.

The footage may also shed light on what happened in the run-up to the assault, including from the point at which Transport Malta officers began their chase to stop the driver, who is believed to have been driving under the influence.

The incident happened in Qormi Road, Marsa.

Victim was driving a leased car

The preliminary investigation has so far revealed the man was driving a leased car which was not registered in his name, sources say. This is making it more difficult to identify him.

In parallel to the police investigation, Transport Malta is conducting its own internal probe which it launched after the video showing two of its enforcement officials hitting a man on the ground went viral on Tuesday.

The video shows an officer getting off his motorbike and running towards the man, punching him on the head, and another officer joining in within seconds.

Despite lying on the ground with outstretched arms, the man is punched around the head and other parts of his body before another official is seen stepping in to restrain them.

The two Transport Malta officials: Rene Antonelli (left) and Ivan Cassar.

Times of Malta revealed on Wednesday that one of the TM officials filmed punching the motorist – Rene Antonelli – served as an election canvasser for Ian Borg. The other official has been identified as Ivan Cassar. Both have been suspended from their jobs.

Prime Minister Robert Abela has condemned the incident, describing it as “reprehensible” and “disgusting”, adding that he expected the institutions to bring those responsible to justice.

Police seek legal advice

Meanwhile, sources said the police are seeking legal advice on whether it should proceed with the arraignment of the two officials without identifying the victim and using him as their star witness.

There are divergent legal opinions on the case: some say it can be proven in court without reasonable doubt even if the main witness or injured party does not testify while others believe the case would not stand in court.

Seasoned defence lawyers contacted by Times of Malta said it would be “imprudent” for the prosecution to rush into issuing charges before having identified the victim. 

They said the prosecution was bound to present the strongest case possible and this included presenting the best possible evidence.

“In a case like this, there is no better evidence than the testimony of the victim. Presenting a case without that testimony is not advisable,” one veteran defence lawyer said.

A former state prosecutor said it would be “high risk” to do so, making it far easier for the accused to mount a strong defence, such as self-defence, without a victim or other witnesses to counter that narrative.