JUDGE WHO NODDED OFF DURING HEROIN TRAFFICKER'S TESTIMONY APOLOGIZES

A contrite judge apologized to the court yesterday for falling asleep
during the sentencing hearing of a man he convicted last summer of
trafficking in heroin.

"I wanted to start by apologizing to all lawyers who were here on Dec.
1 -- defence counsel, Crown counsel, representative of the
Attorney-General. In addition, I apologize to Mr. Chan," said Justice
John Moore. "I fell asleep during Mr. Chan's testimony."

Judge Moore had found Nicholas Cypui Chan, 26, guilty after trial of
selling two ounces of heroin to an undercover city police officer on
Nov. 15, 1999, and possession of the proceeds of crime.

Defence lawyer Tom Engel filed a mistrial application the day after
Judge Moore fell asleep. The 73-year-old judge, less than two years
from mandatory retirement, said there was no reason he could not
continue, but conceded it would be best to step aside.