An appeal case was dismissed after it was revealed the appellant was out of touch in Australia.

Chief Justice Austin Ward threw out the case of Eva Salla after her lawyer revealed that he had not heard from her in several months and had no instructions on whether she wanted to pursue the appeal.

Mr. Justice Ward told Carlsen Philip it was the obligation of appellants to keep a check on their cases and those who didn't ran the risk of having the proceedings dropped.

"If she does contact you again tell her we haven't heard from her for a long time and the appeal is dismissed. That is the only way to deal with these things.

"Otherwise, next year we will come back and she will have gone to New Guinea or something.'' The appeal in the Supreme Court was against a $500 fine and conviction that Hare Krishna Salla, 36, received for being found guilty of obstruction at Bermuda International Airport.

Salla had denied the offence, that she obstructed a Customs Officer who wanted to search her bags when she arrived from New York for a holiday, and claimed she was harassed.

The offence occurred in early 1997.

Carlsen Philip said he had heard from his client periodically but said the last contact he had was with her husband three to four months ago.

He didn't have a contact in Australia for her and only had a telephone number in California.

Mr. Philip had asked for an adjournment, in order to contact Mrs. Salla and find out what her instructions are.

But Mr. Justice Ward replied: "Anyone who has a process in court has a duty to follow up on that appeal. We don't have to pursue her. All she is doing is holding up the process to suit her convenience, that can't be done.''