Updated 3.30pm with Joseph Muscat's lastest FB post

A libel suit filed by Joseph Muscat over a lawyer's post on Facebook was struck off on Thursday after the former prime minister failed to turn up.

When the case was called on Thursday morning, lawyer Christian Grima turned up after several sittings during which Muscat’s lawyer Pawlu Lia had informed the court that attempts to serve him notice of summons had proved unsuccessful. 

Meanwhile, neither Muscat nor his legal counsel put in an appearance.

Lawyer Carl Grech, who was assisting Grima, invoked Article 199(2) of the Code of Organization and Civil Procedure which provides that when only the respondent or his counsel appear, “he shall be entitled to demand that the plaintiff be non-suited with costs".

Magistrate Rachel Montebello postponed the case for the parties to be called again at a set time.

But when Grima and his lawyer returned to the courtroom and the court usher once again called out the case, Muscat and his lawyer still made no appearance. 

Magistrate Montebello then upheld the request by Grima’s lawyer, declaring Muscat non-suited, with costs, and ordering the case to be struck off the list.

The dispute revolved around a Facebook post by Grima on May 2 by way of a reaction to a video clip by Muscat’s wife Michelle.

In that Facebook post, Grima alleged that the former prime minister “blew up” journalist Daphne Caruana Galizia.

Eight days later, Muscat himself announced the libel suit via a Facebook post in which he said that while he did not believe in libel suits, Grima had crossed the line with that comment, rebutting the lawyer’s claim as “totally false.”

Muscat says no-show was an 'oversight'

On Thursday, Muscat took to Facebook to say the no-show was an "oversight", adding that his lawyer was abroad.

In his post - which was removed soon after - Muscat said it was never his intention to stop the case after having waited months for Grima to be summoned. "I was present for all sittings. Unfortunately, this is the system," he said.

"All of this does not take away anything from the fact that [the post] was absolutely fake and a lie," he added

Joseph Muscat reacted on Facebook. The post has since been removed.

Muscat tweaks his version of events

The former prime minister later slightly changed his version of events, saying in a new Facebook post that since his lawyer was indisposed, another lawyer from the same legal office was outside the courtroom at 9am and also later, to represent him. She even spoke to court officials about the case.

“The other party saw, and I understand, knew that the lawyer was there to represent me and to request a postponement of the case. But unfortunately, when the case was called, she (the lawyer) was engaged in another case.”