JUDGE SORRY FOR SNOOZE

Dozed During Sentencing

Justice may be blind, but its eyes must stay open -- and failing to do
so warrants an apology and a new judge, a Calgary court ruled
yesterday. "I want to start by apologizing to all lawyers who were
here on Dec. 1," said Justice John Moore.

"I apologize to Mr. (Nicholas) Chan. I fell asleep during Mr. Chan's
testimony on Dec. 1."

But Moore, 73, refused to declare a mistrial in the case of Chan,
convicted of trafficking two ounces of heroin to an undercover cop.

Moore nodded off during Chan's sentencing hearing as the drug dealer
was on the stand complaining about the lack of vegetarian food served
in a Calgary jail.

Moore ruled that a new judge should complete Chan's sentencing, but
decided the trial was valid.

"I rule the sentencing of Mr. Chan be performed by a new judge," said
Moore.

Chan argued the judge's short snooze -- between three and five minutes
- -- proved similar dozing occurred during the actual trial.

But Crown prosecutor Bob Sigurdson argued Chan was just trying to take
advantage of the situation.

As well, Sigurdson argued the judge could easily review Chan's
vegetarian food testimony.

"The evidence you missed, in my opinion, is wholly inconsequential --
there was nothing in the evidence of any consequence," said Sigurdson.

"How can any right thinking person be of the opinion any harm was
done? Judges are human like everybody else ... mistakes happen."