A court has thrown out a libel case filed by former Education Minister Dolores Cristina against Prime Minister Joseph Muscat over a Labour Party press release commenting on the selection of her son-in-law as consultant surgeon.

In the case, which dates to April 2012, Ms Cristina argued that the press release was slanderous and libellous and aimed at tarnishing her reputation by alleging nepotism and favouritism in the way Robert Cuschieri, her daughter's husband, was selected.

Testifying, Ms Cristina categorically denied being involved in any way or passing any form of communication regarding the vacancy to which her daughter's husband applied.

When asked about the case, Ms Cristina had refused to comment. Dr Muscat testified that she was obliged to answer and her refusal to comment led to her behaviour being termed as "shocking".

He also testified that he did not wish to imply any illicit action on her behalf and the word "nepotism" did not refer to her personally but to the entire selection process.

Dr Cuschieri had been appointed to a medical post but following an investigation requested by the Medical Association of Malta he was told he was not eligible as he lacked the required experience.

In his judgement, Magistrate Francesco Depasquale noted that there was no doubt that the selection of a consultant constituted public interest and the Labour Party's statement on nepotism did not refer to Ms Cristina personally but to the entire situation within the government.