Judge points to flaws in Oland probe as jury instructions enter second day

SAINT JOHN, N.B. -- The Saint John, N.B., judge hearing the murder trial of Dennis Oland has told the jury there were a series of flaws in the police investigation of the murder scene.

See Full Article

Justice John Walsh is reviewing the testimony of the nearly 50 trial witnesses, and touched Wednesday on the investigation into the death of Oland's father, well-known New Brunswick businessman Richard Oland.

Walsh said the trial heard that police failed to prevent too many people from entering the crime scene, failed to protect against the use of the second-floor washroom before it could be forensically tested, failed to ensure the back door remained untouched before it could be examined, and did not ask a pathologist to determine if a drywall hammer was the probable murder weapon.

"A reasonable doubt is based on reason and common sense. It is a doubt that logically arises from evidence or lack of evidence," said the judge, of the Court of Queen's Bench.

The judge also noted there was no physical evidence at the crime scene to connect Dennis Oland or anyone else, and said there was no physical evidence in Dennis Oland's car, on his blackberry or on shoes seized from his home.

He said it's up to the jury to use common sense to assess what was found on the brown sports jacket Dennis Oland was wearing when he visited his father on July 6, 2011, the day before Richard Oland was found face down in a pool of blood in his office.

Oland has pleaded not guilty to second-degree murder. On Tuesday, Walsh told the jury that Dennis Oland is presumed to be innocent unless the Crown proves his guilt beyond a reasonable doubt.

"It is not enough for you to believe Dennis Oland is probably or likely guilty," he said.

The case is expected to go to the jury later Wednesday.



Advertisements

Latest Canada & World News

  • Tourists at French abbey Mont Saint Michel evacuated after threat

    World News CBC News
    French authorities ordered tourists and others to leave the Mont Saint-Michel abbey and monument in western France on Sunday after a visitor apparently threatened to attack security services. The national gendarme service said the man made the threat on one of the shuttles serving the site, on a peninsula in the English Channel. Source
  • Radovan Karadzic, sentenced for Bosnian war crimes, gets appeal hearing Monday

    World News CBC News
    The two-day appeal hearing in the case of Former Bosnian Serb leader Radovan Karadzic, who was sentenced to 40 years in prison for genocide and war crimes during the 1992-1995 Bosnian war, will begin on Monday at the International Residual Mechanism for Criminal Tribunals. Source
  • 31 killed in Kabul suicide bombing

    World News CBC News
    A suicide bomber struck a voter registration centre in the Afghan capital on Sunday, killing at least 31 people, officials said. Public health ministry spokesman Wahid Majro said another 54 people were wounded in Sunday's attack, updating an earlier toll. Source
  • Thieves steal more PC Optimum points after Loblaws fixes password glitch

    Canada News CBC News
    After getting hit by points theft multiple times, some PC Optimum members are questioning a fix Loblaws says it has made to improve the security of its rewards program. "I do not believe they have fixed anything," said Shawn Nicholson in Halifax. Source
  • Liberal leadership and grassroots members appear to be on a different path at policy convention: Chris Hall

    Canada News CBC News
    Grassroots Liberals know what the party needs to stand for in the next election. They made it clear to Justin Trudeau and his government this weekend that they expect the party to continue to push for progressive change, even if it runs counter to the prime minister's own position, and even if it requires more spending than a government wrestling with deficits can afford. Source
  • World's oldest person dead at age 117

    World News CBC News
    The world's oldest person, a 117-year-old Japanese woman, has died. Nabi Tajima died of old age in a hospital Saturday evening in the town of Kikai in southern Japan, town official Susumu Yoshiyuki confirmed. She had been hospitalized since January. Source
  • Man wearing MAGA hat shouts racist slurs, pushes man onto subway tracks: NYC police

    World News CTV News
    NEW YORK -- Police are looking for a man wearing a "Make America Great Again" hat and shirt who pushed another man onto New York City subway tracks while shouting anti-Hispanic slurs at him. The assault happened Friday evening at Manhattan's Union Square subway station. Source
  • World's oldest person dies in Japan at age of 117

    World News CTV News
    TOKYO -- The world's oldest person, a 117-year-old Japanese woman, has died. Nabi Tajima died of old age in a hospital Saturday evening in the town of Kikai in southern Japan, town official Susumu Yoshiyuki confirmed. Source
  • Road to North Korea's denuclearization is littered with failure

    World News CTV News
    SEOUL, Korea, Republic Of -- Bill Clinton offered oil and reactors. George W. Bush mixed threats and aid. Barack Obama stopped trying after a rocket launch. While Seoul and Washington welcomed Pyongyang's declaration on Saturday to suspend further intercontinental ballistic missile tests and shut down its nuclear test site, the past is littered with failure. Source
  • Mike Harris Jr., son of former premier, will run for Tories in Ont. election

    Canada News CTV News
    TORONTO -- Ontario Progressive Conservative Leader Doug Ford has appointed candidates in nearly a dozen ridings ahead of the upcoming provincial election, and they include the son of a former premier. With Ontarians set to go to the polls on June 7, the PCs released a statement Saturday announcing 11 appointees for ridings where a nomination meeting hadn't been scheduled. Source