Joseph Muscat will be filing an application to ask court to reopen his libel case against lawyer Christan Grima, after it was struck off on Thursday when the former prime minister failed to turn up. 

The dispute revolves around a Facebook post on May 2 when, reacting to a video clip of Muscat’s wife Michelle, Grima alleged that the former prime minister “blew up” journalist Daphne Caruana Galizia.

Eight days later, Muscat announced the libel suit on Facebook. He had 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.”

The libel case was struck off on Thursday, when 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. 

When neither Muscat nor his legal counsel put in an appearance, Grima's lawyer Carl Grech 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".

Asked by Times of Malta on Friday whether he would be asking the courts to restore the case, Muscat sent a curt "yes".

Muscat had argued on Thursday, through Facebook, that his no-show was an "oversight", adding that his lawyer was abroad.

He removed his post soon after and posted a new statement that slightly changed his first version of events.

In his new Facebook post, he said that since his lawyer had been 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.”