Dennis Oland's bail appeal not issue of 'national importance,' Crown argues
Defence wants Supreme Court to review bail denial while Oland awaits appeal of 2nd-degree murder conviction
The Supreme Court of Canada should not review a decision to deny Dennis Oland bail pending the appeal of his second-degree murder conviction in the 2011 death of his father because his case does not raise "a matter of national importance," the Crown contends.
"It is overreach" for Oland's lawyers to suggest otherwise in their request to have the country's highest court overturn his bail denial by the Court of Appeal of New Brunswick, prosecutors Kathryn Gregory and Derek Weaver argue in their response to the defence's application.
"The applicant is not raising a matter of national importance … but a disagreement with the Court of Appeal's failure to find an error" in the initial bail denial by Justice Marc Richard," the 28-page response filed on Friday states.
- Dennis Oland's lawyers seek expedited decision from Supreme Court on bail review
- Dennis Oland asks Supreme Court of Canada to hear bail case
Oland's defence filed an application for leave to appeal to the Supreme Court on April 29, along with a motion to expedite a decision on the matter.
They contend Oland is a "model candidate" for interim release and that his case could "provide clear guidance" on when such bail may be granted, a "matter of central importance to the administration of criminal justice."
"At present, there is surprisingly no consensus," Alan Gold, Gary Miller and James McConnell argue in their 38-page application.
The Crown, however, contends that "is simply not accurate," citing a 1975 case the deals with the "public interest" component of bail pending appeal, which has been "referenced, relied upon and persists unchallenged to this day by appellate level courts across Canada."
No one convicted of murder in New Brunswick has ever been granted bail before and there have only been 34 such cases across Canada, according to the defence.
Oland, 48, has been in custody since Dec. 19, when a jury found him guilty of second-degree murder in the 2011 bludgeoning death of his father, prominent businessman Richard Oland.
He has been seeking release since Feb. 12, the day after he was sentenced to life in prison with no chance of parole for at least 10 years.
The Supreme Court application was filed just four weeks after the Court of Appeal rejected his request for a second time.
Court of Appeal Chief Justice Ernest Drapeau said in his April 4 ruling he was "duty bound" to uphold an earlier decision to deny Oland bail on the grounds that releasing a convicted murderer pending appeal could shake the public's confidence in the justice system.
Supreme Court decisions on leave applications take, on average, three months, according to the court's website.
Judgments on appeals are rendered, on average, six months after the hearing of the appeal, it states.
The Crown has said it "does not oppose" the defence's motion to expedite the matter.
Richard Oland, 69, was found beaten to death in his Saint John office on the morning of July 7, 2011. He was lying face down in a pool of blood with 45 sharp and blunt force injuries to his head, neck and hands. No weapon was ever found.
His son, Dennis Oland, was the last known person to see his father alive during a meeting at his investment firm office the night before.
Dennis Oland's family has stood by him from the beginning, maintaining his innocence.
Under the Criminal Code, bail pending appeal can be granted if the appeal is not frivolous, if the offender is not a flight risk and if detention is not necessary in the public interest.