ADDICT CONVINCES JUDGE TO ISSUE PRISON TERM

A drug addict convinced a judge Wednesday to send him to a federal
penitentiary so he can participate in a methadone program.

Nicholas Pears was imprisoned for two years after he pleaded guilty to
nine charges, including three drug offences and six breach of
probation counts.

The 40-year-old man was convicted of possession of oxycodon for the
purpose of trafficking and possession of oxycontin and cocaine.

One of the breaches stemmed from an order that he not cohabitate with
his girlfriend unless his probation officer was satisfied they were
both on methadone or Pears had completed a residential drug treatment
program.

On Aug. 1, acting on tips that Pears and the woman were involved in
the drug trade, police arrived at a Pim Street apartment with a search
warrant.

"The door had to be breached," federal prosecutor Wayne Chorney
said.

Inside, the officers located Pears, the woman, another man and drug
paraphernalia, including packaging material and a scale.

Several dozen spent syringes also were found, along with two syringes
filled with what was believed to be cocaine, Chorney said.

Fifty-four tablets of oxycodon and 15 of oxycontin were discovered as
well.

Ontario Court Justice Robert Villeneuve also heard Pears had $2,530
cash in his wallet.

Defence counsel Michael Adams said his client, who has served time
before in prison, wants to return there because a methadone program is
available in the federal system.

The program isn't available in provincial facilities, where Pears, who
has a long-time addiction, would just be warehoused, he said.

"I've been arguing with him that I should be arguing for less," Adams
told the judge. "He's convinced me this is best for him."

Noting this was the man's fourth conviction for trafficking in
narcotics, Villeneuve said a two-year sentence is in the upper range
of what he would consider appropriate.

"I have to be mindful that if I sentence you to less you won't benefit
from the methadone program," he told Pears.

"A review of your record (tells me) you are clearly a drug addict."
Villeneuve imposed a total of 17 months for the drug offences and
seven months consecutive for the breaches.

'I have to be mindful if I sentence you to less you won't benefit from
the methadone program.'