Nghia Trong Nguyen-Tran, known as Jackie Tran, did not violate the terms and conditions of his release from immigration detention. Tran has been fighting a deportation order but was released Oct. 21 on several conditions, including a curfew between 8 p.m. and 7 a.m. and a $20,000 bond. Police re-arrested Tran Oct. 28., following a probe of an early morning altercation at a party in Kensington more than two weeks ago. Cops alleged Tran violated his curfew when he was seen at the scene of the fight. Tran's friend Shaun Roberts testified police mistook him for his pal.
"There's a direct conflict in the evidence between the testimony of Const. Bertrand identifying (Jackie Tran) as the third occupant of the SUV that morning and the evidence of Shaun Roberts, who testified that he was the third occupant of the vehicle," wrote immigration officer Marc Tessler in an eight-page decision. Const. Scott Bertrand testified he was certain Tran was the man he spoke to while investigating the fight. "Despite of the confidence of the police I prefer the evidence of Mr. Roberts," wrote Tessler in his decision. Tessler indicated there's a semblance between Tran, and Roberts. He noted Bertrand identified Tran as the third man in the SUV from a very small photograph, 40 minutes after he saw Roberts. Tran's girlfriend Dawn Ngo testified she spoke with her boyfriend, who was at his mother's house, on the phone several times that night. She phoned him on a land-line starting at 8:15 p.m. to find him watching TV. Ngo testified Tran had too much to lose, including the $20,000 bonds paid by her family and friends, should he breach.
Tessler found Ngo's testimony to be credible. Tran's recent release is under the same conditions when he was freed last month. Police linked Tran, who came to Canada in 1993 and in 2004 was ordered deported to Vietnam, to a gang involved in at least eight murders after he was convicted of assault with a weapon and trafficking heroin the year before.
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