Oland jury got it wrong, lawyer tells appeal court as he seeks bail

FREDERICTON -- Dennis Oland's lawyer says his client should be released pending an appeal of his murder conviction because the jury's verdict was unreasonable.

See Full Article

Just a day after he was sentenced to life in jail with parole eligibility after a decade, Oland was back in court seeking bail in Fredericton before the New Brunswick Court of Appeal.

Defence lawyer Alan Gold argued that Oland's conviction for the second-degree murder of his multi-millionaire father was flawed on a number of levels.

"I'm not saying the jury was being bad or anything, they're human," said Gold.

"There is nothing in the evidence that warrants the continued detention of Dennis Oland."

Richard Oland's body was found face down in a pool of blood in his Saint John office on July 7, 2011.

He had suffered 45 blunt and sharp force blows to his head, neck and hands, although no weapon was ever found.

Gold said the trial judge's instructions at the end of the trial allowed the jurors to conclude that since there was little blood on Dennis Oland's brown jacket there would be little blood on his cellular telephone.

The lawyer said the judge should have provided instructions that cautioned against this kind of reasoning.

Gold argued there was plenty of evidence that there should have been a large amount of blood splatter on the jacket, and he added the miniscule stains on Oland's jacket were never identified as spatter.

The lawyer also said bail should be granted because of trial evidence Dennis Oland wasn't at his father's office when a witness described hearing thumping sounds coming from the room, but instead shopping in the Saint John suburb of Rothesay.

In an affidavit filed with the court, Oland says he would continue to work as a director of his father's companies and live at home with his wife, Lisa, if granted bail.

Both his mother and uncle say they have unencumbered assets of at least $1 million each and are prepared to provide whatever level of bail the court may set.

Justice John Walsh said in his sentencing ruling Thursday in Saint John that the younger Oland, an investment advisor, "simply lost it, snapped, or exploded."

Following his conviction, Oland's mother Connie said in statement the family was shocked by the outcome and that she and other family members continued to believe he was innocent.

The Olands are an establishment family in the history of the Maritimes, having founded Moosehead Breweries, although Richard Oland left the family business in 1981.

During the trial, the Crown focused on possible motives, including Dennis Oland's financial difficulties and the knowledge his father was having an affair.

The key piece of evidence for the Crown was a brown jacket worn by Dennis Oland that had a number of small blood stains and also DNA that matched the profile of Richard Oland.



Advertisements

Latest Canada & World News

  • Manitoba to look at connection between youth incarceration and child welfare

    Canada News CTV News
    WINNIPEGOSIS, Man. — Manitoba is taking a hard look at youth justice and its connection to child welfare after a study found more than half of kids incarcerated had also been in care. Justice Minister Cliff Cullen announced Friday that the province will review why youth are bouncing between the two systems without having positive outcomes. Source
  • Court filing: Manafort faces more than 19 years in prison

    World News CTV News
    WASHINGTON -- Paul Manafort, the one-time chairman of Donald Trump's presidential campaign, could spend more than 19 years in prison on tax and bank fraud charges, according to court papers filed Friday. Documents filed by special counsel Robert Mueller's office reveal that Manafort faces the lengthiest prison term imposed in the Russia investigation if a federal judge agrees to it. Source
  • 'Everybody suffers too much:' Nigeria to head to the polls

    World News CTV News
    KANO, Nigeria -- As Nigerians prepared to vote for president on Saturday, Sister Meg Odeh looked up from a selection of pineapples laid out at a fume-choked roadside market and considered the fate of her country. Source
  • Nigeria delays election until Feb. 23 over 'challenges'

    World News CTV News
    KANO, Nigeria -- Nigeria's electoral commission delayed the presidential election until Feb. 23, making the announcement a mere five hours before polls were set to open Saturday. It cited unspecified "challenges" amid reports that voting materials had not been delivered to all parts of the country. Source
  • Alberta missionaries stranded by unrest in Haiti to be evacuated by helicopter Saturday

    World News CBC News
    A group of missionaries from Alberta who are stranded in Haiti by violent protests are now scheduled to begin departing from the country early Saturday morning. Working for the group Haiti Arise, the missionaries are stranded at a compound near Grand Goave — about 65 kilometres west of Port-au-Prince, the capital. Source
  • Former B.C. premier Gordon Campbell accused of sexual assault: British newspaper

    Canada News CTV News
    LONDON -- A British newspaper says police in London are investigating an allegation of sexual assault made against former British Columbia premier Gordon Campbell. The Daily Telegraph says Scotland Yard is investigating a complaint from a woman who was an employee at the Canadian High Commission when Campbell was high commissioner. Source
  • Amber Alert mobile system working despite glitches, but could be tweaked, experts say

    Canada News CBC News
    Some people received duplicate alerts on their mobile phones, some not until hours after the incident, and some as far away as Manitoba. But despite those glitches, the Amber Alert sent out Thursday to locate a missing 11-year-old Brampton, Ont. Source
  • Sidewalk Labs CEO responds to criticism around tax and transit plans

    Canada News CTV News
    TORONTO -- Sidewalk Labs's chief executive officer says it's too "premature" to abandon any ideas it unveiled Thursday for a high-tech Toronto community it hopes to build, despite the concepts being met with fierce criticism. Source
  • Ottawa, provinces commit to addressing abuse in sports

    Canada News CBC News
    Canadian politicians are banding together to address harassment, abuse and discrimination in sports, but details on their plans remain slim. Kirsty Duncan, Canada's Minister of Science and Sport, announced in Red Deer, Alta., on Friday that the federal government, along with each province and territory, has signed a declaration to tackle and prevent harassment, abuse and discrimination in sport. Source
  • Canada's main stock index reaches highest level since Oct. 5

    Canada News CBC News
    Canada's main stock index posted a triple-digit gain Friday after oil hit a three-month high to extend the market's winning streak to six weeks. The S&P/TSX composite index closed up 142.26 points to 15,838.24, after hitting a peak during the day of 15,866.60. Source