DEFENCE DOESN'T REST, BUT CLAIMS THE JUDGE DID

Dozing during the testimony of a convicted heroin dealer has got a
city judge facing a mistrial application. Defence lawyer Thomas Engel
yesterday filed written submissions asking Justice John Moore to grant
his client a new hearing after the Queen's Bench judge fell asleep.

"At about 3:05 p.m. (on Wednesday), counsel for the accused first
noticed that the trial judge appeared to be asleep, but was
uncertain," Engel wrote. "His head was bent forward with his chin
resting, or almost resting, on his chest," the lawyer said.

"After about five minutes and with no sign of movement or wakefulness
from the judge, defence counsel stopped asking questions and the
accused stopped testifying.

"It could then be immediately heard that the judge was snoring and was
obviously sound asleep," Engel said.

Moore did not comment on the written submissions handed to him, but
Crown prosecutor Ivanna Perozak said she will oppose Engel's bid for a
mistrial.

In July, Moore convicted Nicholas Chan, 26, of selling $7,000 worth of
heroin to an undercover cop five years ago.