Benjamin Elliot Case

Const. Brian Davy Toronto police officer linked to a highly-publicized case involving a group of officers who have allegedly perjured themselves. Const. Brian Davy plead guilty to the charge of professional misconduct because he knew of the fabricated lies his partner told in a court testimony and did not report it. The fabricated testimony secured a guilty plea in the matter and resulted in the accused being incarcerated for a period of time. Const. Brian Davy of the Toronto police was convicted under the Police Services Act for insubordination based on his actions regarding the arrest and conviction of Nguyen Son Tran. Four Toronto police officers are accused of unlawfully searching Toronto man Nguyen Son Tran’s vehicle. Allegedly the officers

Const. Brian Davy’s partner Const. Benjamin Elliot was one of the officers who allegedly falsified the information regarding the arrest of the Toronto man Nguyen Son Tran. Transcripts from the Toronto police disciplinary tribunal hearing regarding Davys misconduct charges discloses that he was aware of his partner’s actions and during Nguyen Son Tran trial in March of 2014 Cost. Benjamin Elliot fabricated evidence and it is believed that the testimony given by officer Elliot persuaded the accused Nguyen Son Tran to plead guilty to the criminal charges of drug possession for the purpose of trafficking in which he received a 30 months’ sentence to be served incarcerated. At the tribunal sentencing hearing regarding Const. Davy the Police Prosecutor acting Insp. Shane Branton and Davy’s lawyer David Butt submitted a join sentencing submission with a recommendation of a 15-day penalty. In the sentencing submissions both parties stated that their recommend sentencing was fair enough to promise the public that officer Davy’s insubordination would not be

Brain Davy’s lawyer argued that based on the positive reviews from his client’s superiors regarding Davys performance he has shown that he is a valuable police officer who simply made some mistakes. An Ontario court judge ruled on the matter regarding the fabricated testimony and the planting of drugs in Nguyen Son Tran vehicle in favor of the Toronto man Tran. The four officers including Const. Elliot were criminally charged four months after the ruling. Following the announcement of the criminal charges being laid on the four Toronto officers Toronto Police Chief Mark Saunders stated that the force’s professional standards unit would be conducting a review on all the charged officer’s prior cases to detect if there is any other cause of concern. There were more charges laid on Benjamin Elliot relating to Tran’s 2013 arrest. Nguyen Son Tran’s lawyer Kim Schoifeld hopes to appeal her clients 2013 conviction based on the new evidence of the officer’s misconduct she also hits that a potential civil suit may be in the works. The false testimony of a deceitful officer was the cause of Tran being sentenced to 30 months in jail based on events that could or could not have taken place. The four officers who were criminally charged are proceeding by way of direct