Justice Dato' Abdul Aziz Abdul Rahim, who sat together with Justices Tan Sri Idrus Harun and Dato' Abdul Rahman Sebli made the decision after being informed by the prosecution that they were unable to serve the notice of hearing to the respondent Philip Among @ Daniel Deil Fidelis.
The court on July 6 set Monday as final adjournment after being informed of Philip's absence on the third mention of the appeal on that date.
At the last hearing, the court was told that the officer responsible was unable to serve the notice of hearing on Philip despite attempts on May 19, July 1 and July 6.
The prosecution was appealing against the High Court's decision to acquit Philip of allegedly misusing a consignment of merbau logs by sending them to Syarikat Sri Ganesh in India, instead of delivering the consignment to the actual owner, Chandul Manji, a 40-year-old businessman from India.
Philip, who stood as a Sabah Star candidate for the Kapayan seat in the last general election, had allegedly committed the offence for his own benefit at the MISC office in Wisma Takada, Lorong Ewan, Jalan Gaya here between June 23, 2008 and July 7, 2008.
The offence under Section 403 of the Penal Code provides for a jail term of between six months and five years and whipping and a fine on conviction.
He was then jailed 12 months, ordered to be caned once and fined RM100,000 or 18 months' jail for the offence but the High Court had on April 22, 2014 quashed his conviction and sentence following his appeal against the Sessions Court's decision.
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