5 jurors selected for Dennis Oland's murder retrial so far

The first five jurors for Dennis Oland's second-degree murder retrial in the 2011 killing of his father, multimillionaire Richard Oland, have been sworn in.

The two men and three women were selected Monday from about 100 prospective jurors who appeared at the Saint John Law Courts building.

The process is scheduled to resume Tuesday at 9 a.m. with another approximately 100 candidates.

Fourteen jurors and two alternates are required for the retrial, which is expected to last about 16 weeks.

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Dennis Oland, 50, has been free on bail since October 2016, when the New Brunswick Court of Appeal overturned his December 2015 conviction and ordered a new trial, citing an error in the trial judge's instructions to the jury.

Sporting blue pants and a blue-grey sweater Monday, Oland did not sit in the prisoner's box but beside his defence lawyers. He followed the proceedings closely, wearing a headset that amplifies the audio, and looking directly at each candidate who could soon decide his fate.

His wife, Lisa Oland, mother, Connie Oland, and uncle Derek Oland, the executive chair of Moosehead Breweries Ltd., were seated in the front row of the courtroom.

The jury selection process began Oct. 15 at Harbour Station, the city's largest arena, when 1,012 prospective jurors were divided into groups of 50 and assigned dates and times to appear at the courthouse for possible selection.

The first two groups — A and B — appeared at 9 a.m. Monday and received some preliminary instructions from Court of Queen's Bench Justice Terrence Morrison via closed-circuit audio in courtroom 12 before being brought in individually to courtroom 14 to face the multi-step selection process.

It includes being questioned by the judge, scrutinized by two of their peers called triers, and challenged by the lawyers.

A man and two women were selected by 11:30 a.m. Monday, and another man and woman were chosen shortly after the lunch break.

There is a publication ban on the questions the prospective jurors are asked, the answers they give and the reasons they are excluded.

Jury selection is "a foundation of our criminal justice system," Morrison told the jury panel during his initial address Oct. 15.

"It is most important that every juror be impartial. An impartial juror is one who will approach the trial with an open mind. He or she will decide the case based upon the evidence at trial and the instructions of the law from me, the judge."

Oland, a financial adviser, is accused of killing his 69-year-old father in Saint John on or around July 6, 2011. He has maintained his innocence from the beginning and has once again pleaded not guilty.

'Valuable experience'

"For nearly everyone, jury service requires changes to a daily routine of work, family, religion, education, or leisure activities," said Morrison.

Most people chosen as jurors "find it a valuable experience, one that gives them a chance to play a direct part in the administration of justice in their community," he said.

In some cases, however, jury service may cause exceptional personal, financial or other hardship.

"We do not wish to cause anyone exceptional hardship by having them be forced into jury duty."

Each prospective jurors is given an opportunity to ask to be excused for reasons laid out in the provincial Jury Act or other reasons.

A person who is, or at any time has been related to or closely associated with anyone involved in the case, such as the accused, an investigating officer or witness, for example, may not be able to approach the case with an open mind, despite his or her best efforts, the judge said.

Anyone who cares for a child under the age of 14, or for a person who is infirm, aged or mentally incompetent, may also ask to be exempted, he said, along with those who would suffer "serious and irreparable financial loss" by serving on the lengthy trial.

Prospective jurors who haven't raised any concerns about serving, or whose reasons haven't been accepted by Morrison, then proceed to the second stage of the selection process.

Role of triers

The judge asks them a series of questions and they must take an oath or solemnly affirm to answer each question truthfully.

Two people chosen from the jury panel to assist in the selection process, so-called triers, quietly discuss the prospective juror's answers and then deem them either acceptable or not.

During the final stage, the Crown prosecutors and defence lawyers must decide if they are "content" with a prospective juror or may "challenge" them to have them excluded without giving any reasons — a so-called peremptory challenge.

"They do not mean to offend anyone," Morrison advised the jury panel on Oct. 15.

"Do not feel embarrassed if you are not selected. Do not take it personally."

Only people the Crown and defence are both content with are selected.

Must not reveal questions

Once a juror is selected and sworn in and takes a seat in the jury box, he or she replaces one of the triers.

Whether someone is selected or not, they're not allowed to tell any of the other prospective jurors what questions they were asked, or post the questions on social media.

"This is very important to ensure the integrity of the entire jury selection process," Morrison stressed.

"If you did intentionally violate these instructions and you are found out, I can guarantee that you will be brought before me and you would be placed in very serious jeopardy. That is how serious we take the fair selection of a jury for any criminal process."

Anyone who fails to attend for jury selection could also be liable to "significant penalty" for contempt of court," he said.

"As citizens of a democracy there are very few mandatory obligations placed upon you by the state. This … is one of those prices that you pay for the right to live freely under the rule of law."

Two weeks have been set aside for jury selection, with the last group of prospective jurors scheduled to appear on Nov. 9.