A libel suit filed by Joseph Muscat against lawyer Christian Grima over a Facebook comment claiming that the former prime minister “blew up” journalist Daphne Caruana Galizia, has faced another setback after the magistrate recused herself.

The suit was initially filed last year just days after Grima’s Facebook reaction to a video clip by Muscat’s wife Michelle in which she spoke about 'what happened to' the journalist. 

Grima wrote in May 2020: “What happened to her? Your husband blew her up. That’s what happened to her."

Muscat denied the allegation, claiming it was “totally false” and said that although he did not believe in libel suits, Grima’s comment had crossed the line.

When the case was filed, it took various attempts for Grima to be served notice of summons, with Muscat’s lawyer informing the court two months later that attempts had proved unsuccessful.

Finally a positive notice of summons was returned and the case was scheduled to take off in December.

But on the appointed day when Grima was present in court, both Muscat and his lawyer failed to turn up.

In view of that non-appearance, Grima’s lawyer invoked a provision of the Code of Organization and Civil Procedure which states that when only the respondent or his counsel appeared he was “entitled to demand that the plaintiff be non-suited with costs.”

After suspending the hearing to allow time for Muscat or his lawyer to attend, Magistrate Rachel Montebello upheld Grima’s request to apply the procedure envisaged by law.

She declared Muscat non-suited and ordered the case to be struck off the list.

Soon after, Muscat posted on Facebook that his lawyer was indisposed and that he was to file an application to have the case re-appointed in terms of law.

Yet when the case was called on Monday, the proceedings took another unexpected twist.

Magistrate Rachel Montebello informed the parties’ lawyers that Grima, who was present in court, was a friend and former coursemate at the University of Malta.

Muscat’s lawyer remarked that Grima was his friend too but he nonetheless wanted to win the case.

“I mean it,” said Lia.

“Me too,” quipped Grima.

In order to ensure that justice was not only done but was seen to be done, the Magistrate held that it would not be opportune to preside over the case and thus declared that she was abstaining.

The case was sent to the court registrar to be assigned to another magistrate.

Lawyer Carl Grech assisted Grima.

Lawyer Pawlu Lia represented Muscat.