Dennis Oland murder retrial focuses on forensic evidence

Forensic evidence was the focus of Dennis Oland's second-degree murder retrial Wednesday, with the head of the Saint John Police Force's specialized unit back on the witness stand.

Sgt. Mark Smith spent much of the morning detailing the painstaking process of collecting evidence from the body of Richard Oland, father of the accused, during the autopsy.

He and forensic Const. Dave MacDonald were at the Saint John Regional Hospital morgue for nearly 12 hours on July 8, 2011, the courtroom heard.

They used a special light that makes various compound fluoresce to search the victims's body for any trace of evidence, such as hair and fibres, and used packing-style tape to collect 31 items.

They seized hairs found between the fingers of both of Oland's hands, swabbed his palms and took fingernail clippings to test for any DNA the killer might have left behind.

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They also collected hair and blood samples, carefully documenting each step with photographs and notes, labelling the exhibit bags and signing them, said Smith.

It's a "very slow," methodical process, which left no time for breaks, he said.

The officers then removed Oland's clothing, seizing ​his sweater, shirt, pants, belt, socks, shoes, underwear and Rolex watch, and examined his naked body using the CrimeScope light again before the pathologist began the autopsy.

Richard Oland, 69, suffered 45 sharp- and blunt-force injuries to his head, neck and hands, Dr. Ather Naseemuddin testified on Tuesday.

The multimillionaire, who was found face down in a pool of blood in his office on the morning of July 7, 2011, would have survived only "minutes" after being attacked, he said.

No weapon was ever found.

A jury found Dennis Oland guilty of second-degree murder in December 2015, but the New Brunswick Court of Appeal overturned the conviction and ordered a new trial, citing an error in the trial judge's instructions to the jury.

Oland, 50, is being retried by judge-alone, without a jury.

Smith, who testified last Thursday and Friday about processing the bloody crime scene, was originally slated to be recalled on Tuesday afternoon, but lead Crown prosecutor P.J. Veniot advised the court he was "seriously under the weather."

His testimony was scheduled to continue into Wednesday afternoon, but he had a few coughing fits in the morning and Veniot expressed concerns keeping him on the stand would only exacerbate his condition.

The judge and defence agreed Smith should be excused and recalled in the new year, once he has recovered.

No other witness was lined up for the afternoon, so court adjourned early and is scheduled to resume Thursday at 9:30 a.m. with testimony from a forensic toxicologist.

When Smith is recalled, he's expected to detail his examination of the accused's car and other belongings for any blood evidence linking him to his father's homicide.

Oland drove his Volkswagen Golf City to and from his father's office at 52 Canterbury St., on the evening of July 6, 2011, when he became the last known person to see him alive.

The Crown has said the brown sports jacket Dennis Oland wore when he visited his father that night had four areas of blood on it and DNA matching his father's profile.

On Tuesday, the defence advanced its theory the "killer or killers" would have been covered in blood.

"This was a very bloody situation in terms of how the deceased met his death?" defence lawyer Michael Lacy asked the pathologist.

"I would agree," replied Naseemuddin.

Lacy suggested whoever perpetrated the beating likely would have had a "substantial" amount of blood on the "weapon, weapons, on them and on their clothing."

But before Naseemuddin could reply, Crown prosecutor Jill Knee objected, arguing that was outside the pathologist's area of expertise, which is the cause, manner and mechanism of death — not blood spatter on an assailant.

Lacy took a different tack. He asked whether Naseemuddin would have expected there to be significant blood from the wounds. "I would think, yes," the pathologist replied.

Lacy also asked Naseemuddin whether the crime scene photos showed significant blood pooled around the body and spatter. "Yes, I did see that."

The retrial, which began on Nov. 21, is expected to last four months.