Stalker Denis Davis escaped a prison sentence on Wednesday -- because a prosecutor pleaded for him not to be sent to jail.

Cocaine addict Davis, 41, pleaded guilty to stalking his ex-wife Penelope Davis on February 21 and 22.

But Crown counsel Larry Mussenden pushed for Davis to be kept out of prison, and Magistrate Arthur Hodgson gave him three years' probation.

Mr. Hodgson even wanted to condemn Davis to nine years' probation -- three consecutive periods of three years -- but was persuaded to allow the sentences to run concurrently by Mr. Mussenden.

Davis had admitted chopping up his ex-wife's property with a machete, causing $5,000 worth of damage.

And the defendant, of Limehouse Lane, Hamilton Parish, also pleaded guilty to making threats to kill her after unlawfully entering her home.

Magistrate Arthur Hodgson was about to send Davis to jail when Mr. Mussenden pleaded with him to keep Davis a free man.

He said Davis needed help with a cocaine problem, adding: "To penalise him by sending him to Westgate where he might have a very good chance of getting drugs, if you read the newspaper, would not be the best option.

"He would probably be better served by getting probation.'' Mr. Hodgson, addressing the defendant, said: "To a very large extent, I think you have to be grateful to the prosecution counsel, because with him in favour of you being placed on probation, I am not even going to consider any other possibility.

"However, I'm very concerned about your drug addiction.'' He said Davis had failed to turn up for weekly drug tests -- one of his bail conditions -- and the latest test he did show up for proved positive for cocaine.

The Magistrate also ordered Davis to enter a drug treatment programme as part of his probation.

Juan Wolffe, representing Davis, said: "I would like to publicly thank Mr.

Mussenden.'' Mr. Hodgson added: "Be careful -- you may put him out of a job.'' Larry Mussenden Graphic file name: MUSSR