Canada - Richard Oland, 69, brutally murdered, St John, NB, 7 July 2011

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Robert Jones‏ @cbcjones 1h1 hour ago
Justice Terrence Morrison gave himself 71 days following closing arguments in May to consider the evidence, decide on a verdict and write today’s decision. It is likely to be a lengthy proceeding if he chooses to read it all.

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Robert Jones‏ @cbcjones 59m59 minutes ago
Okay here we go. Justice Morrison arrives 1 minute early. Begins with a warning about cellphones and outbursts. “This is a court if law. “


Kayla Hounsell‏Verified account @KaylaHounsell 54m54 minutes ago
Here we go. Justice Terrence Morrison says his written decision is 150 pages but he’s not going to read it, only a summary. Says it will take 20 minutes or so.


Robert Jones‏ @cbcjones 59m59 minutes ago
MORRISON says he will not read his lengthy decision. It is too long and technical. Instead he will give a short summary and a verdict. He believes it will take 20 minutes.


Bobbi-Jean MacKinnon‏ @BJMCBC 57m57 minutes ago
His written decision is about 150 pages. Very detailed. Much of it"technical" and "scientific," he says. He will not be reading it, but giving an oral summary. Says it will take about 20 minutes


Bobbi-Jean MacKinnon‏ @BJMCBC 1h1 hour ago
Defence lawyer Alan Gold requests for Dennis Oland to be able to sit beside him at the defence table. Judge agrees.


Bobbi-Jean MacKinnon‏ @BJMCBC 60m60 minutes ago
Judge warns the crowd outbursts will not be tolerated


Bobbi-Jean MacKinnon‏ @BJMCBC 60m60 minutes ago
If you're not confident you'll be able to control yourself, please leave the courtroom now, he says. No one leaves.
 
Kayla Hounsell‏Verified account @KaylaHounsell 58m58 minutes ago
Morrison: There is no question Richard Oland was murdered. The only question for this court is whether the Crown has proven beyond a reasonable doubt that Dennis Oland did it. Not enough for him to think Oland was “probably” or “likely” the one who did it.


Robert Jones‏ @cbcjones 58m58 minutes ago
Oland is presumed innocent says Morrison unless crown proves otherwise. Begins with standard description of what reasonable doubt means. I must be certain he is the one who struck the blows.


Bobbi-Jean MacKinnon‏ @BJMCBC 57m57 minutes ago
Crown must prove its case beyond a reasonable doubt. Based on reason and common sense that logically arises from the evidence or lack of evidence, says Morrison.


Bobbi-Jean MacKinnon‏ @BJMCBC 56m56 minutes ago
Not enough for me to believe that Dennis Oland is likely or probably guilty. But I need not to satisfied with absolute certainty, he says.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
“It is not enough for me to be reasonably or probably certain Dennis Oland is guilty,” Morrison says.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
It was clear that Oland had a troubled relationship with his father and harboured resentment over Richard’s ongoing affair with Diana Sedlacek, Morrison says.


Robert Jones‏ @cbcjones 58m58 minutes ago
Critical issues regarding guilt. 1) Blood and Richard Oland’s DNA found on jacket Dennis wore the day if the killing. 2) Time of death.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
Oland made 3 visits to his fathers office, and had an unique opportunity to kill Richard Oland.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
Morrison is reviewing the pillars of the Crown & the defence cases: the missing cell phone, the blood & DNA on the brown jacket, the fact that the murder weapon was never found.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
There is much to implicate Dennis Oland in this crime: he was the last person to see Richard alive, blood & DNA was found on his jacket, & when interviewed by police he said he was wearing a different jacket


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
One might be tempted to consider these facts as more than a coincidence. But suspicion is not enough.


Robert Jones‏ @cbcjones 55m55 minutes ago
Crown case suggests death occurs before 6:30 and has presented various bits of evidence to support that time. Defence suggests death occurs closer to 7:30 when Dennis has long left his father’s office.


Robert Jones‏ @cbcjones 54m54 minutes ago
Evidence of that is the ear witness testimony of Anthony Shaw who heard the murder and estimated the noises to have occcurred around 7:45.


Robert Jones‏ @cbcjones 54m54 minutes ago
There is much to suggest Dennis is the killer says Morrison. But is there enough here to move the case past reasonable doubt.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
Several Oland supporters are wiping away tears already.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
But Dennis Oland’s testimony also has frailties, he argues - and he cannot totally accept Oland’s denial of guilt.


Kayla Hounsell‏Verified account @KaylaHounsell 52m52 minutes ago
Justice Morrison says he has determined the Crown has failed to establish motive and there are missing puzzle pieces. There are gasps in the courtroom.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
The Crown has failed to established a motive, Morrison says, as Oland supporters whisper “oh my god!!” And gleefully clasp hands


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
No possible explanation for the lack of blood has been demonstrated, Morrison says.


Robert Jones‏ @cbcjones 53m53 minutes ago
I find the crown has not properly established a motive for murder in this case. Audible gasps in the courtroom to that statement.


Robert Jones‏ @cbcjones 52m52 minutes ago
Morrison continues. He finds Anthony Shaw’s testimony credible but not conclusive. I have reasonable doubt about the time of death because of this.


Julia Wright‏Verified account @thewrightpage 2h2 hours ago
But Dennis Oland’s testimony also has frailties, he argues - and he cannot totally accept Oland’s denial of guilt.


Kayla Hounsell‏Verified account @KaylaHounsell 50m50 minutes ago
Oland stands for the verdict.
 
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Robert Jones‏ @cbcjones 52m52 minutes ago
Dennis Oland I find you not guilty”


Bobbi-Jean MacKinnon‏ @BJMCBC 52m52 minutes ago
Dennis Oland has been found NOT guilty of 2nd-degree murder in the death of his father


Kayla Hounsell‏Verified account @KaylaHounsell 52m52 minutes ago
BREAKING: Dennis Oland not guilty of the second degree murder of his father.


Bobbi-Jean MacKinnon‏ @BJMCBC 52m52 minutes ago
Gasps in the courtroom. Dennis Oland hugs his defence lawyers. Hugging his children. Tears of joy.


Kayla Hounsell‏Verified account @KaylaHounsell 48m48 minutes ago
Dozens of people are remaining in the courtroom. Some crying, Dennis Oland moving through them, clutching them in long embraces.


Robert Jones‏ @cbcjones 51m51 minutes ago
Wow! That was quick. The Oland family is embracing. Morrison has left the courtroom.


Robert Jones‏ @cbcjones 51m51 minutes ago
Repeating: NOT GUILTY verdict for Dennis Oland.


Robert Jones‏ @cbcjones 44m44 minutes ago
Morrsion's full decision will help fill the gaps in what he said this morning. But the basic gist is there was much evidence to suggest Dennis Oland was the killer but not enough to lift all reasonable doubt.


Robert Jones‏ @cbcjones 39m39 minutes ago
Ultimately it appears to have been the testimony of Anthony Shaw that swung things in Dennis Oland’s favour. His recollection of hearing the murder at 7:30 - not 6:30 - caused Morrison doubt about the crown’s timeline of the murder.

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Bobbi-Jean MacKinnon‏ @BJMCBC 49m49 minutes ago
Dennis Oland is making his way through the crowd of supporters, sharing hugs, handshakes, pats on the back


Bobbi-Jean MacKinnon‏ @BJMCBC 46m46 minutes ago
Head sheriff is asking people to clear the courtroom.


Bobbi-Jean MacKinnon‏ @BJMCBC 47m47 minutes ago
Defence lawyer Alan Gold: "The sheriff wants people out of here so before they throw us in jail..."


Bobbi-Jean MacKinnon‏ @BJMCBC 42m42 minutes ago
Oland family will not be making any comments


Bobbi-Jean MacKinnon‏ @BJMCBC 42m42 minutes ago
Oland defence team will be holding a news conference within the hour


Bobbi-Jean MacKinnon‏ @BJMCBC 40m40 minutes ago
Dennis Oland is wiping away tears. Shares long embrace with his youngest daughter. His son grabs him, kisses the side of his forehead. Oland kisses his wife Lisa on the forehead
 
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Bobbi-Jean MacKinnon‏ @BJMCBC 29m29 minutes ago
Dennis #Oland walks out of the courthouse a free man. Is whisked away to a waiting vehicle.

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Bobbi-Jean MacKinnon‏ @BJMCBC 30m30 minutes ago
Crowd begins to applaud

Kayla Hounsell‏Verified account @KaylaHounsell 6m6 minutes ago
People outside the courthouse applauded as Oland left. Media now gathered at his lawyer’s office for a news conference.

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Bobbi-Jean MacKinnon‏ @BJMCBC 27m27 minutes ago
“It’s over!” says one woman. “We’re going to celebrate!” says another


Bobbi-Jean MacKinnon‏ @BJMCBC 15m15 minutes ago
Some of the media at the Dennis #Oland verdict today


Bobbi-Jean MacKinnon‏ @BJMCBC 13m13 minutes ago
Crown prosecutors said yesterday they would not be giving any interviews. They are expected to issue a written statement at some point today.
 
Bobbi-Jean MacKinnon‏ @BJMCBC 10m10 minutes ago
"There is much to implicate Dennis Oland in this offence," judge had said. eg. he was the last known person to see his father alive, brown jacket he wore had blood on it and DNA matching his father's profile, he told police he was wearing a navy blazer...


Bobbi-Jean MacKinnon‏ @BJMCBC 10m10 minutes ago
...the brown jacket was dry cleaned the morning after Oland was questioned by police, victim's iPhone was the only item that went missing from the crime scene and it connected with tower in Rothesay near where Oland was at around same time...
 
Kayla Hounsell‏Verified account @KaylaHounsell 4m4 minutes ago
Oland’s Toronto lawyer Alan Gold starts a press conference by reminding people that Dennis also lost his father 8 years. Sincerely hopes people in Saint John understand and appreciate that “Dennis Oland did not kill his father.”


Bobbi-Jean MacKinnon‏ @BJMCBC 4m4 minutes ago
Oland defence news conference underway. Alan Gold says "I don’t really think today’s a day to celebrate." This is "a day to acknowledge the fact that Dennis did not kill his father."


Kayla Hounsell‏Verified account @KaylaHounsell 3m3 minutes ago
Gold calling on Saint John police to “reinvigorate” this murder investigation and do the investigation they should have done 8 years ago. And if they won’t do it, says maybe an outside police force should come in.


Bobbi-Jean MacKinnon‏ @BJMCBC 2m2 minutes ago
Day to celebrate will be when Saint John police find "the actual perpetrator" of this "terrible, terrible crime," says Gold. And if they won't do it, maybe another force should come in and do it.


Kayla Hounsell‏Verified account @KaylaHounsell 2m2 minutes ago
“Find the real killers and then we can have a real celebration.” - Alan Gold, Oland’s Defence lawyer
 
Kayla Hounsell‏Verified account @KaylaHounsell 3m3 minutes ago
Gold says people cannot appreciate how “punishing” the past 8 years have been for Dennis Oland.


Kayla Hounsell‏Verified account @KaylaHounsell 9m9 minutes ago
“Justice Morrison wrote a judgment that I think many people will read with tremendous interest for years to come.” -Alan Gold on the intellectual challenge of this case


Robert Jones‏ @cbcjones 4m4 minutes ago
Morrison's written decision is interesting. On the time of Richard Oland's death - a critical issue in the not guilty verdict - he leans toward the Crown's theory of a 6:30 pm murder - but is troubled by the counter evidence of Anthony Shaw.


Robert Jones‏ @cbcjones 10m10 minutes ago
"I have concluded that Richard Oland had no interaction of any kind with his computers after 5:47pm. Further, I have concluded the lack of interaction was probably because something was amiss. However, there is a reasonable possibility that R.O. chose to ignore his computers."


Robert Jones‏ @cbcjones 22m22 minutes ago
This is the kind of back and forth Morrison goes through in the written decision.


Robert Jones‏ @cbcjones 18m18 minutes ago
Here's another: "The cell phone evidence suggests that R.O. was likely not responding to Ms. Sedlacek's calls and texts because he was unable. However, there is reliable evidence that R.O. had not been prompt in responding to Ms. Sedlacek in the days prior to to his death....


Robert Jones‏ @cbcjones 16m16 minutes ago
"...This evidence supports the competing, but in my view, less cogent inference that he was simply ignoring Ms. Sedlacek"


Robert Jones‏ @cbcjones 3m3 minutes ago
Morrison's conclusion: "I cannot accept outright the accused's denial of guilt. However, I am not confident I can accept the Crown's version of events."
 
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Dennis Oland not guilty of murder in retrial over 2011 death of multimillionaire father (with clip)
N.B. Court of Queen's Bench Justice Morrison had been deliberating for 10 weeks in 2nd-degree murder trial


Jul 19, 2019

"Dennis Oland has been found not guilty of second-degree murder in the death of his father Richard Oland, eight years to the month after the multimillionaire was bludgeoned to death, following his retrial in Saint John.

Justice Terrence Morrison of New Brunswick Court of Queen's Bench delivered his decision at the Law Courts building on Friday morning....

The body of Richard Oland, 69, of the prominent Moosehead Breweries family, was discovered face down in a pool of blood in his uptown Saint John investment firm office on the morning of July 7, 2011.

Dennis Oland visited his father in his office the night before and is the last known person to have seen him alive.

No weapon was ever found.

There were only two possible decisions following the retrial: guilty of second-degree murder or not guilty...."

https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-decision-verdict-1.5215559

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(Richard Oland)

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(son, Dennis Oland )
 
Julia Wright on Twitter

“It is not enough for me to be reasonably or probably certain Dennis Oland is guilty,” Morrison says.

[As someone on twitter noted...he was found "O.J. innocent". No doubt suspicion will hang over his head for the rest of his life. ]

I think Oland’s defence made a prudent call in having his retrial heard by judge alone as it was a jury who found him guilty in 2015 on essentially the same more or less weak circumstantial evidence. A jury was probably more inclined to be influenced on the possible financial motive, which in reality was merely speculation.

Unfortunately though, Olands murder is now unsolved yet somebody was obviously responsible.
 
Bobbi-Jean MacKinnon‏ @BJMCBC 21m21 minutes ago
Asked about the judge's comments that there is much to implicate Dennis Oland in this crime, Gold replies: If there wasn’t much to implicate then we wouldn’t have had a trial.


Bobbi-Jean MacKinnon‏ @BJMCBC 20m20 minutes ago
Compares it to buying a house. It looks "pretty" from a distance, but up close you notice, the doors are missing, the windows don’t fit and there are holes in the floor


Bobbi-Jean MacKinnon‏ @BJMCBC 19m19 minutes ago
Any plans to sue? Gold says he doesn't know, only does criminal law. Family lawyer Bill Teed declines to comment.


Bobbi-Jean MacKinnon‏ @BJMCBC 18m18 minutes ago
Gold says he doesn't see any grounds of appeal the Crown could pursue. Would be "astonished" if they do, but quips they haven't always agreed on issues


Bobbi-Jean MacKinnon‏ @BJMCBC 16m16 minutes ago
Gold says Oland is going to spend the afternoon with his family and supporters and "mentally regroup." Says he expects it will take a while for him to convince himself that it's "finally over."


Bobbi-Jean MacKinnon‏ @BJMCBC 13m13 minutes ago
Gold says it's been "a very punishing eight years" for Oland, his family and supporters - "emotionally, financially, on all levels," he says.


Bobbi-Jean MacKinnon‏ @BJMCBC 2m2 minutes ago
Public prosecution services issues a statement. Says no decision has been made re whether to file an appeal in the Dennis #Oland not guilty decision. Need to "carefully study and review Mr. Justice Morrison’s reasons for judgment." They have 30 calendar days to decide.
 
“....In light of those and the evidence as a whole, I cannot accept outright the accused's denial of guilt," he said.

"However, I am not confident that I can accept the Crown's version of events" in the circumstantial case.

There are too many missing puzzle pieces to form a coherent portrait of guilt beyond a reasonable doubt.- Terrence Morrison, New Brunswick Court of Queen's Bench justice

More than suspicion is required to convict a person of murder, he said. Probable guilt is not enough. The pieces of the evidential puzzle must form a picture that is consistent with guilt — and only consistent with guilt....”

.......Leave him in peace and let him come to the wonderful realization that it's finally over.- Alan Gold, Oland's defence lawyer

"Dennis lost his dad to a brutal murder eight years ago. The very same day that the body was found, before the police had even talked to Dennis, they were discussing putting 24 hours surveillance on Dennis, simply because he was the last known person to see his father."

Gold said it will be a day to celebrate when "the actual perpetrators" are finally caught and brought to justice.

"Based on a flawed investigation, they [police] never took their eyes off him," Gold said about his client. "I'm disappointed in a police force that demonstrated tunnel vision."

https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-decision-verdict-1.5215559

 
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Bobbi-Jean MacKinnon‏ @BJMCBC 16m16 minutes ago
Gold says Oland is going to spend the afternoon with his family and supporters and "mentally regroup." Says he expects it will take a while for him to convince himself that it's "finally over."

Bobbi-Jean MacKinnon‏ @BJMCBC 2m2 minutes ago
Public prosecution services issues a statement. Says no decision has been made re whether to file an appeal in the Dennis #Oland not guilty decision. Need to "carefully study and review Mr. Justice Morrison’s reasons for judgment." They have 30 calendar days to decide.
Yes, I suppose it will take at least 30 days for DO to 'convince himself' it's finally over. o_O
 
More than suspicion is required to convict a person of murder, he said. Probable guilt is not enough. The pieces of the evidential puzzle must form a picture that is consistent with guilt — and only consistent with guilt....”
Interesting the differences between a jury and judge-only trial. We can see just from reading many of the threads here on WS how many seem eager to hang people based solely on speculation, emotion, and suspicion. Judge has to account for his thinking and verdict and how he got there and it has to be acceptable, else the verdict can be appealed by the prosecution.. whereas if a jury came to same conclusion, no justification required, they're not allowed to even talk about how they reached their conclusion. Appeal is still possible, but only if the judge made an error.
 
I think Oland’s defence made a prudent call in having his retrial heard by judge alone as it was a jury who found him guilty in 2015 on essentially the same more or less weak circumstantial evidence. A jury was probably more inclined to be influenced on the possible financial motive, which in reality was merely speculation.

Unfortunately though, Olands murder is now unsolved yet somebody was obviously responsible.

The only reason that the retrial was heard by a judge alone, was because it came to light (by the Crown) that a police officer, working for the prosecutors in the last trial jury selection, had illegally accessed police files that are forbidden with regards to jury selection. For example, any potential juror who had expressed dislike for police would be identified for striking off the jury list. A mistrial was called immediately, and trial by judge was the outcome.
 
The only reason that the retrial was heard by a judge alone, was because it came to light (by the Crown) that a police officer, working for the prosecutors in the last trial jury selection, had illegally accessed police files that are forbidden with regards to jury selection. For example, any potential juror who had expressed dislike for police would be identified for striking off the jury list. A mistrial was called immediately, and trial by judge was the outcome.

This article attributes the approval of the Trial by Judge in order to expedite the process due to Canada’s Jordan ruling. In the same report it’s noted the Prosecution objected (but obviously were overruled). But it was still the defence who argued for it as the court cannot mandate it otherwise.

“Lawyers consider a judge-alone trial highly unusual for murder, outside of cases in which the defence is one of mental disorder. It usually requires special circumstances.

“Jury trials are virtually mandatory for murder charges,” based on the principle that the most serious charge in the Criminal Code should be tried by members of the community, said Christopher Hicks, a Toronto lawyer involved in the 2012 jury-vetting case at the Supreme Court, in an interview. "So this is a very bold move by the judge. He’s obviously concerned about the lapse of time.” Mr. Lacy said it could have taken until March or April to empanel another jury; by then, the case might have run afoul of Supreme Court time limits...”
Mistrial declared in Dennis Oland murder trial, but case will continue before judge alone
 
Interesting the differences between a jury and judge-only trial. We can see just from reading many of the threads here on WS how many seem eager to hang people based solely on speculation, emotion, and suspicion. Judge has to account for his thinking and verdict and how he got there and it has to be acceptable, else the verdict can be appealed by the prosecution.. whereas if a jury came to same conclusion, no justification required, they're not allowed to even talk about how they reached their conclusion. Appeal is still possible, but only if the judge made an error.

Yes I agree, I wonder how often juries convict based on emotion as opposed to evidence. There was interesting reason for possible bias mentioned in the bbc report.

“When he was convicted during the first trial in 2015, Marquis says many of Dennis's defenders felt he was the victim of a kind of reverse-class bias. "Some people felt it was a blue-collar jury having their vengeance on an elite defendant," he says....”
A millionaire, a murder and a mystery killer
 
Prior trial -
“They contend the trial judge erred in law by admitting certain pieces of evidence, including Oland's blood-stained brown sports jacket, his father's cellphone records and electronic communications between the appellant and his wife about their financial situation.

The defence also contends the trial judge erred in his instructions to the jury on several issues, including Oland's "alleged after-the-fact conduct," when he told police he was wearing a navy blazer during his visit with his father instead of the brown sports jacket he was actually wearing, which was taken to be dry cleaned the morning after police told him he was a suspect in his father's death.”
Dennis Oland murder appeal challenges evidence, jury instructions

There’s a subscription-only article in the Globe and Mail that’s claims a police officer touched the brown jacket when removing it from the closet, it remained in a plastic bag for 4 months before it was tested and when it was initially cleaned, the dry-cleaner person “pre-examined” the jacket which had been brought in by DOs wife and noticed no blood.

I recall this navy or brown jacket was a big reason the jury’s original guilty verdict seemed reasonable. But the appeal was granted in part because it cannot be known if DO lied or merely forgot what jacket he wore that day. Then comes questions about the origin of the small specks of blood...and given how the investigation was botched by LE I can see why the media compared this to an OJ verdict.

I notice media pics of the happy faces of family members who’ve supported DO’s innocence throughout the entire time. That’s good enough for me.
 

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