Pubdate: Mon, 11 Aug 2008
Source: Miramichi Leader (CN NK)
Copyright: 2008 Brunswick News Inc.
Contact: http://miramichileader.canadaeast.com/onsite.php?page=contact
Website: http://miramichileader.canadaeast.com/
Details: http://www.mapinc.org/media/4756
Author: Laura MacInnis

STAYING DRUG-FREE EARNS MAN JAIL-FREE SENTENCE

Despite pleading guilty to assaulting a teenaged boy  and attempting
to force beer down the child's throat,  as well as five other charges
of theft and breach of a  court order, Ade Martin will not be going to
jail.

Instead, provincial court judge Fred Ferguson gave the  28-year old
former drug addict a two-year suspended  sentence, plus probation,
during which he would face  doubly severe charges if he is caught
indulging in  illicit drug use.

Ferguson said in most cases a breach of a court order  would guarantee
jail time in his court. But, he added,  he makes exceptions for those
who prove they are on the  path to recovery.

On Jan. 28, Martin walked into a liquor store and stole  a $12 1.5
litre bottle of sherry. A still picture taken  from the store's
security camera clearly identified  Martin.

The same day, he drove to Bathurst where he was caught  stealing CDs
from Wal-Mart. When the security guard  followed him outside and
confronted him, Martin refused  to return inside, saying he needed to
go to an ATM and  would return to pay for the merchandise later. The
cost  of the CDs was roughly $30.

Sitting on a picnic table on Sunnyside Avenue, he  called to three
boys out on their bikes. One boy, 14  years old, approached Martin and
Martin tried to pour  beer into the boy's mouth.

According to police reports, the boy pushed Martin away  and tried to
run, but Martin hit him and threw him from  his bicycle as he tried to
get on it. The boy ran to  his home down the street, where his mother
called the  police.

Crown prosecutor Bannon Morrisey dropped one charge of  breaching
probation because the court did not obtain  Martin's Canadian-wide
record -- only his New Brunswick  record -- and was unable to discern
just when his  probation actually ended.

"It's probably in your favour they didn't look up your  Canadian
record, because I get the feeling it's quite  extensive."

Duty Counsel Melanie MacAuley told the court Martin  finally got onto
the methadone program after a long  battle with drug addiction. His
girlfriend, who sat in  the courtroom with him, is also on the program
and  MacAuley said all his urine tests have come back clean.

She said he relapsed due to the stress of discovering  his girlfriend
is pregnant.

"I made some mistakes," said Martin to the court. "I  just want to get
this anchor off of me. I had a little  scare with the new baby, but I
realized I have a good  woman. I want to thank the good people at the
methadone  clinic.

"I'm trying to get my life on track and I'm looking for  a little
leniency. I want a clean slate so I will deal  with whatever the court
imposes."

Responded Ferguson, "Ordinarily, your conduct to the  young man would
show you can't be trusted with court  orders. But you've had no dirty
urine tests for the  last 30 days, you're part of the construction
union;  you are much more valuable in the community than in  jail."

As Martin left the court room, he thanked MacAuley for  her work on
his file.

"I will retire, but not in the next two years -- so you  are on my
watch," said Ferguson.

Ferguson ordered Martin to pay victim surcharges for  each of his
convictions, a total of $300.
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MAP posted-by: Steve Heath