Supreme Court edges closer to decision on Dennis Oland murder review
Bobbi-Jean MacKinnon | CBC News | Posted: June 15, 2017 11:14 PM | Last Updated: June 15, 2017
Prosecutors seek to have Oland's conviction in 2011 bludgeoning death of father reinstated
The decision of whether the Supreme Court of Canada will review Dennis Oland's second-degree murder case is now in the hands of three justices.
All materials filed by both the Crown and defence for their respective requests for leave to appeal to the country's highest court have been submitted to justices Michael Moldaver, Suzanne Coté and Malcolm Rowe for their consideration.
Prosecutors are seeking to have Oland's conviction in the 2011 bludgeoning death of his multimillionaire father Richard Oland in Saint John reinstated.
In a cross-appeal, the defence is seeking an acquittal instead of the retrial ordered by the New Brunswick Court of Appeal last October, when it overturned Oland's conviction, citing an error in the judge's instructions to the jury.
The Supreme Court is not obligated to hear either matter. It receives about 600 applications for leave to appeal each year and only about 80 are granted — those it deems of national importance.
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Prosecutors and the defence also face an additional hurdle. They filed their paperwork late, but had previously made a joint request to extend the deadlines because they were waiting for the appeal court's written decision.
The court has not yet agreed to that extension.
No timeline for extension
There is no set timeline for the three justices to decide on the extension, or whether the court will agree to hear the matters. But Oland family lawyer Bill Teed said he anticipates a decision in June or July.
If the justices grant the requests, a hearing will be scheduled. If they deny the requests, the case will proceed to a second trial, likely in 2018.
Oland, 49, remains free on bail under conditions pending a new trial.
The body of Richard Oland, 69, was discovered lying face-down in a pool of blood in his office on July 7, 2011. He had suffered 45 blows to his head, neck and hands. No weapon was ever found.
His son was the last known person to see him alive, during his visit to the elder Oland's office the night before.
Dennis Oland's extended family has maintained his innocence from the beginning.