Dennis Oland to learn Dec. 12 if he'll be tried for murder
Closing arguments today at preliminary hearing in connection with 2011 death of father, Richard Oland
Dennis Oland will find out Dec. 12 if he will stand trial on a charge of murdering his father, prominent Saint John businessman Richard Oland.
Closing arguments at Oland's preliminary hearing on a charge of second-degree murder took place at the Saint John Law Courts on Wednesday morning.
It only took the Crown one hour to summarize the evidence prosecutors presented during a preliminary inquiry that took 37 days over the past six months.
The public hearing is designed to test the strength of the prosecution's case.
Provincial court Judge Ronald LeBlanc, who was brought in from Bathurst, N.B., to hear the matter, must now decide whether there's enough evidence to proceed to a trial.
Oland, 46, who is free on bail, sat in the front row of the courtroom accompanied by several relatives who have stood by him since the beginning, including his mother, Connie, his two sisters, Lisa Bustin and Jacqueline Walsh, his wife, Lisa, and his uncle, Derek Oland, the executive chairman of Moosehead Breweries Limited.
The accused appeared to listen attentively, but showed little reaction. He did not speak to reporters outside the courtroom.
LeBlanc previously imposed a publication ban on evidence presented during the inquiry, which included the testimony of 42 witnesses, including police officers and medical experts. Graphic photographs were also entered as exhibits.
The publication ban on the evidence will only be lifted if Oland is discharged or at the end of a trial, if a trial is ordered.
Circumstantial facts, reasonable inferences
Crown prosecutor John Henheffer told the courtroom the Crown is relying on a "series of circumstantial facts" and forensic analysis which, when viewed in totality, the "reasonable and logical inference" is that Dennis Oland is the assailant.
The test for a preliminary inquiry is whether there is any evidence upon which a jury that is properly instructed could return a verdict of guilty, said Henheffer.
It is not whether such inferences should be drawn, but whether they can be drawn, Henheffer stressed.
In addition, inferences should be decided in favour of the Crown at the preliminary inquiry stage if they are deemed reasonable and logical, he said.
Case based on 'tunnel vision'
Defence lawyer Alan Gold, of Toronto, joked that the only thing Henheffer was right about was how long his closing arguments would take.
Gold argued there is no reasonable inference of guilt in this case and stressed that preliminary inquiries are aimed at filtering out "weak cases that do not warrant a trial."
The judge thanked the Crown and defence for their "excellent" written submissions, describing them as very detailed, thorough and helpful.
LeBlanc also asked the lawyers a few questions throughout their oral submissions.
After hearing the closing arguments, LeBlanc indicated he will give his decision on Dec. 12 at 9:30 a.m.
Inquiry extended several times
Richard Oland, 69, was found dead in his investment firm office, Far End Corporation, on July 7, 2011.
His son, an investment adviser, was arrested more than two years later, on Nov. 12, 2013, and charged the following day.
He spent six nights in jail before being released on a $50,000 surety and several conditions, including that he surrender his passport, advise police of any change of address or any travel outside New Brunswick.
The preliminary inquiry was originally expected to take about 20 days, but had to be extended several times and has been sitting on and off since May 12.
Closing arguments were previously scheduled to be held on Nov. 12 and Nov. 13, but were postponed until today because the judge was ill.
The other Crown prosecutors in the case are Patrick Wilbur and Derek Weaver.
Oland is also being represented by Gary Miller, of Fredericton.