A libel case filed by former minister John Dalli against Labour leader Alfred Sant risks falling through because the summons informing Dr Sant about the case, although it was delivered to the Malta Labour Party headquarters, never reached him.

As a result, if a fresh summons had to be issued now, the case would fall through because the charge is time-barred.

Mr Dalli originally filed a libel suit claiming he had been libelled by allegations made by Dr Sant during a press conference which took place on 3 June 2004.

Before magistrate Michael Mallia yesterday, Dr Sant testified that he had never been summoned to appear in court in connection with the case filed by Mr Dalli against him.

Dr Joe Zammit Maemple, appearing for Mr Dalli, argued that something, somewhere, had gone wrong. He said the summons was delivered to the Malta Labour Party headquarters and the receipt was signed by the MLP receptionist. However, it seems that this was never passed on to Dr Sant.

Dr Pawlu Lia, on behalf of Dr Sant, said these things, unfortunately, do happen and invited the court to adjourn the case.

Magistrate Mallia upheld this request and the case was put off for a final decision to be taken.