Dennis Oland's jury instructed on possible 'inadequate' investigation

The presiding judge at Dennis Oland's second-degree murder trial in Saint John instructed the jurors Tuesday on evidence they have heard "suggesting the police investigation … was inadequate."

"At the end of the trial, it will be for you to determine whether evidence about the inadequacy of the police investigation alone, or along with other evidence, causes you to have a reasonable doubt about whether Dennis Oland committed the offence charged," Court of Queen's Bench Justice John Walsh said.

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​"I will give you a full instruction on this as part of my charge to you at the end of this case," he added.

Dennis Oland, 47, is accused in the bludgeoning death of his father, Richard Oland, more than four years ago.

The prominent businessman's body was found lying face down in a pool of blood in his investment firm office on July 7, 2011. The 69-year-old had suffered 45 blunt and sharp force injuries to his head, neck and hands.

Dennis Oland, who was the last known person to see his father alive during a meeting at his office on Canterbury Street the night before, has pleaded not guilty to second-degree murder.

Since the trial began on Sept. 16, testimony of potential mishandling of the case has dominated the news.

Most recently, the court heard on Monday that the former lead investigator touched a key piece of evidence in the Crown's case against Oland without wearing any gloves.

Forensics officer Const. David MacDonald testified that Const. Rick Russell grabbed the sleeve of a brown sports jacket in Oland's closet with his bare hand.

The Crown says the jacket had four areas of blood on it that matched the victim's DNA profile.

Last month, Saint John Police Force Chief John Bates requested the New Brunswick Police Commission investigate allegations Deputy Chief Glen McCloskey suggested another officer lie to the court about his presence at the bloody crime scene.

Retired staff sergeant Mike King testified that then-inspector McCloskey said, "You don't have to tell them" about the fact that McCloskey had entered the scene.

McCloskey denied the allegations and suggested to the court it was King who lied on the stand because he was angry about being passed over for a promotion to inspector.

McCloskey testified he entered the crime scene twice, once to observe the body and the second time out of "curiousity." On the second occasion, he went farther into the scene than the head of the forensic identification unit had wanted and without any protective gear on, he said.

Former Fredericton police chief Barry MacKnight has been appointed by the New Brunswick Police Commission to investigate the matter once the trial is over.

The trial has also heard that the bathroom in the foyer outside Richard Oland's office was used by for two days by officers guarding the crime scene before it was tested for evidence.

Similarly, the back door, which the defence has suggested would have been the "preferred exit route" of the killer, was never tested for fingerprints because by the time the forensics officer got to it, it had already been touched and contaminated by other officers.

The trial is scheduled to run until Dec. 18.