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

  • Watch: Jewelry shop owner fights off would-be thieves armed with sledgehammers

    World News CTV News
    With the name Heist, a Californian jewelry store may seem like an obvious target for a burglary, but the shop’s owner foiled a group of would-be thieves’ plan when he fought back. On Thursday afternoon, a man in a hooded sweatshirt storms into the Heist Jewelry store in Santa Monica and smashed one of the display cases with a sledgehammer. Source
  • Who Framed Roger Rabbit animator Richard Williams dead at 86

    World News CBC News
    Richard Williams, a Canadian-British animator whose work on the bouncing cartoon bunny in Who Framed Roger Rabbit helped blur the boundaries between the animated world and our own, has died. He was 86 years old. The Oscar-winning artist died from cancer at his home in Bristol, England, on Friday, his daughter Natasha Sutton Williams said Saturday. Source
  • Baby dugong that captured hearts dies in Thailand

    World News CBC News
    An eight-month-old dugong nurtured by marine experts after it was found lost near a beach in southern Thailand has died of what biologists believe was a combination of shock and ingesting plastic waste, officials said Saturday. Source
  • Iranian tanker to leave Gibraltar soon despite U.S. pressure

    World News CTV News
    GIBRALTAR -- The shipping agent for an Iranian supertanker caught in a diplomatic standoff says the vessel is ready to depart Gibraltar on Sunday or Monday, as the U.S. made a last-minute effort to seize it again. Source
  • Canadians killed in Afghanistan honoured at re-dedication ceremony of cenotaph

    Canada News CTV News
    OTTAWA - More than 150 Canadians killed during the war in Afghanistan are being remembered in a special ceremony in Ottawa this morning. The ceremony, which is being attended by hundreds of family members of those who died, involves the re-dedication of a cenotaph built during the war in honour of the fallen. Source
  • Debris cleared, emergency crews leave site of explosion in London, Ont.

    Canada News CTV News
    LONDON, Ont. - Emergency crews have left the scene of an explosion in London, Ont., this morning and more residents are allowed to return home. A statement from the city says debris has been cleared on the streets and sidewalks after Wednesday night's blast, which was caused by a vehicle slamming into a home and hitting a gas line. Source
  • Airstrikes in Syrian rebel stronghold kills family of 7

    World News CTV News
    BEIRUT -- Syrian government and Russian airstrikes pounded the southern edge of a rebel stronghold in the country's northwest on Saturday, killing at least seven members of one family, activists and a war monitor reported. Source
  • New York City subway scare suspect taken into police custody

    World News CTV News
    New York City police say they've apprehended a man suspected of placing two devices that looked like pressure cookers in a subway station. Chief of Detectives Dermot Shea tweeted Saturday morning that a man seen holding one of the rice cookers in surveillance video was taken into custody. Source
  • How soccer is helping young immigrants feel at home in Canada

    Canada News CTV News
    OTTAWA -- Omran Alahmad has played soccer every week since his arrival in Ottawa almost four years ago, much the way he did as a boy growing up in Syria. Alahmad, 18, travelled through Jordan to come to Canada in 2015 with his parents and five siblings, but he was determined that it wouldn't mean giving up on the sport he's played since he was just three years old. Source
  • Kim expresses 'great satisfaction' over North Korea weapons tests

    World News CTV News
    SEOUL, Korea, Republic Of -- North Korea said Saturday that leader Kim Jong Un supervised another test-firing of an unspecified new weapon, seen as an attempt to pressure Washington and Seoul over slow nuclear negotiations and their joint military exercises. Source