Saint John police role in Dennis Oland jury selection will be investigated

The New Brunswick Police Commission will review the Saint John Police Force's involvement in the jury selection process for Dennis Oland's murder retrial, which led to a mistrial being declared.

But the review will not be undertaken until all criminal proceedings are completed, the commission said in a statement posted on its website Friday morning.

Court of Queen's Bench Justice Terrence Morrison declared a mistrial of the jury retrial on Tuesday because a Saint John police officer conducted "improper" background checks on prospective jurors and "irreparably" tainted jury selection.

Morrison discharged the 16 jurors before any evidence was heard, saying it was "in the best interest of justice," and he is now hearing the case alone, without a jury. 

Oland, 50, is being retried for second-degree murder in the death of his father, multimillionaire Richard Oland, more than seven years ago.

After jury selection last month, it was discovered that Const. Sean Rocca, who sat with the Crown during jury selection, had screened potential jurors using a Saint John Police Force database that shows any interactions people have had with city police.

Earlier this week, Oland's defence lawyers called for an immediate investigation and for the commission's suspended probe of the force's handling of the homicide investigation to resume.

"We see no reason to delay this very important inquiry into the Saint John Police Force, which was requested by their own Commission," lead defence lawyer Alan Gold said Friday. 

"The people of Saint John are entitled to be reassured that any inadequacies and improprieties in the training and practices of their police force are being remedied as soon as possible."

The Saint John Board of Police Commissioners requested the review into the jury selection process.

The New Brunswick Police Commission's mandate is "to ensure the adequacy of policing throughout New Brunswick," the decision posted on its website states.

Rocca, a 16-year-veteran of the force, "continues to carry out his duties as an active member of the Saint John Police Force," Chief Bruce Connell confirmed in an email to CBC News early Friday evening.

Asked for comment, Connell referred to a joint statement issued with the Saint John police board on Tuesday.

"The board and the chief take these matters very seriously," the statement said. "We will be reviewing the court's decision to understand the issues identified and to learn from them."

Issues with police in 1st trial

The commission's review of the homicide investigation was launched in 2015 after several issues came to light during Oland's first trial, which ended in a jury finding him guilty.

The review was suspended in October 2016 when the Court of Appeal overturned Oland's conviction and ordered a new trial, citing an error in the trial judge's instructions to the jury.

Oland's lawyers sought the mistrial after Rocca's activities were discovered, arguing it could be perceived as "juror shopping" and may have led the prosecution to reject seven jurors the defence was happy with. It could also call into question the jury's eventual verdict, they said.

The body of Richard Oland, 69, was discovered face down in a pool of blood in his Saint John office the morning of July 7, 2011. He had suffered 45 sharp- and blunt-force blows to his head, neck and hands.