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

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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

For whatever reason, like I said, the defense did not have the option of deciding on a judge only trial. :)
 
For whatever reason, like I said, the defense did not have the option of deciding on a judge only trial. :)

You are correct, the Judge Only Trial proceeded after the mistrial of the retrial was declared.

Prior to that the defence went to great lengths in an attempt to win a Judge Only Trial.

https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-survey-guilt-jury-judge-1.4911710
“Dennis Oland's defence lawyers tried for more than a year to have his second-degree murder retrial heard by a judge without a jury, newly released New Brunswick Court of Queen's Bench documents show...”
 
‘Missing puzzle pieces’: Why Dennis Oland was found not guilty of murder (with clip)

July 20, 2019

"...Justice Terrence Morrison of the New Brunswick Court of Queen’s Bench told a packed courtroom Friday there were too many “missing puzzle pieces” to prove guilt beyond a reasonable doubt....

...he determined that given the nature of the bloody crime scene, there was insufficient physical evidence linking Oland to the death. And that the evidence suggesting Oland’s time of death was not conclusive.

“Despite extensive searches, no murder weapon was found or linked to the suspect,” Morrison said in his decision that was read in court. “Despite a bloody murder scene, careful examinations of Dennis Oland’s car, Blackberry, the shoes he was wearing and the grocery bag carried in and out his father’s office revealed no blood or other trace evidence.”..."

‘Missing puzzle pieces’: Why Dennis Oland was found not guilty of murder
 
Why Dennis Oland was found not guilty of murder at his retrial

Jul 20, 2019

"On Friday in Saint John, Justice Terrence Morrison of New Brunswick's Court of Queen's Bench found Oland not guilty of second-degree murder at his retrial in the death of his father, Richard Oland.

Morrison's oral ruling took only 15 minutes, but his written decision is 146 pages, much of it "technical" and "scientific."

Unlike the jury that convicted Oland at his first trial in 2015, whose verdict was overturned by the New Brunswick Court of Appeal because of an error in the trial judge's instructions to the jury, Morrison had to provide reasons for his decision, based on the evidence presented at his retrial and the law.

Here are some of the key points he covered:..."

https://www.cbc.ca/news/canada/new-...-not-guilty-murder-retrial-decision-1.5216556
---

Justice Terrence Morrison's written decision: (150 pages)

http://s3.documentcloud.org/documents/6207109/2290-001.pdf
 
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Why Dennis Oland was found not guilty of murder at his retrial

Jul 20, 2019

"On Friday in Saint John, Justice Terrence Morrison of New Brunswick's Court of Queen's Bench found Oland not guilty of second-degree murder at his retrial in the death of his father, Richard Oland.

Morrison's oral ruling took only 15 minutes, but his written decision is 146 pages, much of it "technical" and "scientific."

Unlike the jury that convicted Oland at his first trial in 2015, whose verdict was overturned by the New Brunswick Court of Appeal because of an error in the trial judge's instructions to the jury, Morrison had to provide reasons for his decision, based on the evidence presented at his retrial and the law.

Here are some of the key points he covered:..."

https://www.cbc.ca/news/canada/new-...-not-guilty-murder-retrial-decision-1.5216556
---

Justice Terrence Morrison's written decision: (150 pages)

http://s3.documentcloud.org/documents/6207109/2290-001.pdf

Your CBC link is a good summary of the basis of the judge’s decision.

A couple of points - the judge wasn’t convinced any of the prosecution’s three financially motivated theories were significant enough to cause DO to commit murder of his father. Yet I’d bet the possibility was a strongly considered factor in the prior jury’s guilty verdict.
Although motive is not an essential element of the offence, it "provides context for the interpretation of the evidence," said Morrison.

"Without motive, the trier of fact is being asked to put the jigsaw puzzle together without the benefit of seeing the picture on the puzzle box," Morrison said.”


And DO’s appeal was initially granted in part because of the judge’s instructions as to whether DO lied about wearing the brown jacket although it was possible DO was simply mistaken about which jacket he wore. I wonder, did the original jury assume he lied, equating lying to guilt? However this judge, quite a turnabout, viewing the brown jacket as creating reasonable doubt DO committed the murder.

“The victim's secretary testified he had a skin condition that would make his scalp bleed and that he was touchy-feely when he talked to people. Oland had also moved into his father's home for a few months while his own house was undergoing renovations and stored his clothes in his father's closet, the trial heard.

Morrison said the absence of blood spatter on the shoes and other clothing items Oland wore when he visited his father along with the absence of blood on the reusable grocery bag he had with him, the Blackberry he used after leaving the office and the car he drove home "calls into question the inference that the blood on the jacket is blood spatter."

"In my view, [the jacket] is a piece of circumstantial evidence favouring the accused that can be considered, along with all the other evidence, in determining whether the Crown has proven guilt beyond a reasonable doubt."
 
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Saint Johners react to 'not guilty' verdict in Dennis Oland murder trial

Mixed opinions follow judge's decision to find Oland not guilty in father's death

https://www.cbc.ca/news/canada/new-...dict-in-dennis-oland-murder-retrial-1.5218526

I must admit I did have a fleeting thought, comparing the circumstantial evidence in this trial to that which the Judge based Millard’s conviction upon. The motive in that trial was even less clear as DM was not financially destitute however it was the background and character of each of the defendants that was very different.
 
I must admit I did have a fleeting thought, comparing the circumstantial evidence in this trial to that which the Judge based Millard’s conviction upon. The motive in that trial was even less clear as DM was not financially destitute however it was the background and character of each of the defendants that was very different.
DO wasn't financially destitute either - he could've simply sold the family home. In fact I wondered if it was DO or RO who had been committed to keeping the 7.5 acre 'ancestral' home in the family - it may have been more important to RO than it was to DO (for all we know).
I thought it was important to hear the reaction from DO's 'secretary' - she, perhaps more than anyone, may have been privy to the father/son's relationship and any arguing they'd been doing, etc.
I wonder if this case will be re-opened and reinvestigated, since it seems there is a murderer walking free? Seems to me that if things weren't kept up the way someone expected, there would be some kind of trouble (fatal attraction type of deal). ... or perhaps someone closely related to that (or a hired hand of same) - I wonder if any others were even investigated considering LE had their sights set on DO from the start?
It did occur to me that although DO wasn't necessarily going to come into a windfall upon his father's death, he *may* have, become excused from making payments on loans he had with his father?
 
DO wasn't financially destitute either - he could've simply sold the family home. In fact I wondered if it was DO or RO who had been committed to keeping the 7.5 acre 'ancestral' home in the family - it may have been more important to RO than it was to DO (for all we know).
I thought it was important to hear the reaction from DO's 'secretary' - she, perhaps more than anyone, may have been privy to the father/son's relationship and any arguing they'd been doing, etc.
I wonder if this case will be re-opened and reinvestigated, since it seems there is a murderer walking free? Seems to me that if things weren't kept up the way someone expected, there would be some kind of trouble (fatal attraction type of deal). ... or perhaps someone closely related to that (or a hired hand of same) - I wonder if any others were even investigated considering LE had their sights set on DO from the start?
It did occur to me that although DO wasn't necessarily going to come into a windfall upon his father's death, he *may* have, become excused from making payments on loans he had with his father?

The CBC article below gives the ancestral home a 2011 value of $650k, the mortgage held by his father was $538k plus a secured line of credit to CIBC for $163k, apparently unknown to his father.

Morrison said "there is little doubt" Oland's financial situation "was bleak." But he went on to dismiss it -
Still, Morrison did not find there was a "tipping point" in Oland's financial situation "that drove [him] to desperation" that night.

He said the evidence did not support the Crown's suggestion Oland's father knew about his missed interest-only payments or that it concerned him...”....”
https://www.cbc.ca/news/canada/new-...-not-guilty-murder-retrial-decision-1.5216556
 
Dennis Oland murder retrial cost New Brunswick taxpayers $930K :eek:

Jul 23, 2019

"Dennis Oland's murder retrial cost New Brunswick taxpayers nearly $930,000 so far, figures obtained by CBC News reveal.

That's on top of the more than $637,000 expense of his first trial in 2015 and appeal in 2016.

Meanwhile, the court-related costs to the Saint John Police Force came to $7,561 in overtime for the retrial and $2,405 in overtime for the first trial....

The retrial costs provided by the Department of Justice and Office of the Attorney General are not the final total.

Some of the expenses incurred during the retrial, which lasted 44 days spread over four months, are still making their way through accounting, a spokesperson said. It's unclear when those figures will be available.

$120K in jury fees

Of the costs to date, "jury fees" represent nearly $120,000....

The biggest retrial expense listed is about $490,000 for "outside legal counsel."

That was for retired Crown prosecutor P.J. Veniot, who headed up the three-member prosecution team....

Public prosecutions staffing/backfill accounted for $177,820 of the retrial costs.

Witness fees came to $52,567.

"Various equipment/stationary/travel/other" costs totalled $51,888.

A further breakdown shows that total includes:

Travel and lodging: $22,003.
Office supplies and equipment: $10,291.
Other fees: $9,878. The bulk of that, about $7,825, was for forensic accounting fees this year.
Parking: $6,106.
Food and water: $3,607.
Registrar/clerk expenses totalled $37,500....

The provincial government costs for Oland's first trial and subsequent appeal included:

Outside legal counsel: $247,816.
Jury fees: $205,220.
Public prosecutions staffing/backfill: $105,687.
Witness fees: $51,907
Sheriff overtime: $14,990.
Various equipment/stationery/travel/other: $8,210
Sheriff travel/overhead: $3,732...."

https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-costs-1.5220017
 
Oland murder case highlights having enough money can be key to successful defence

July 22, 2019

"FREDERICTON -- Dennis Oland didn't receive special favours before the courts in his murder re-trial, but the case shows how money can make a difference in mounting a successful defence, say legal experts....

Nicole O'Byrne, a law professor at the University of New Brunswick, said Oland had the resources to pay a defence team to follow up on every aspect of the case by hiring experts and by taking portions of the case to the Supreme Court of Canada for determination.

"All citizens enjoy the same constitutional rights such as the right to be presumed innocent; however, not all citizens have equal access to resources that may be needed to mount a successful defence," O'Byrne said in an interview...."

Oland murder case highlights having enough money can be key to successful defence
 
Dennis Oland murder retrial cost New Brunswick taxpayers $930K :eek:

Jul 23, 2019

"Dennis Oland's murder retrial cost New Brunswick taxpayers nearly $930,000 so far, figures obtained by CBC News reveal.

That's on top of the more than $637,000 expense of his first trial in 2015 and appeal in 2016.

Meanwhile, the court-related costs to the Saint John Police Force came to $7,561 in overtime for the retrial and $2,405 in overtime for the first trial....

The retrial costs provided by the Department of Justice and Office of the Attorney General are not the final total.

Some of the expenses incurred during the retrial, which lasted 44 days spread over four months, are still making their way through accounting, a spokesperson said. It's unclear when those figures will be available.

$120K in jury fees

Of the costs to date, "jury fees" represent nearly $120,000....

The biggest retrial expense listed is about $490,000 for "outside legal counsel."

That was for retired Crown prosecutor P.J. Veniot, who headed up the three-member prosecution team....

Public prosecutions staffing/backfill accounted for $177,820 of the retrial costs.

Witness fees came to $52,567.

"Various equipment/stationary/travel/other" costs totalled $51,888.

A further breakdown shows that total includes:

Travel and lodging: $22,003.
Office supplies and equipment: $10,291.
Other fees: $9,878. The bulk of that, about $7,825, was for forensic accounting fees this year.
Parking: $6,106.
Food and water: $3,607.
Registrar/clerk expenses totalled $37,500....

The provincial government costs for Oland's first trial and subsequent appeal included:

Outside legal counsel: $247,816.
Jury fees: $205,220.
Public prosecutions staffing/backfill: $105,687.
Witness fees: $51,907
Sheriff overtime: $14,990.
Various equipment/stationery/travel/other: $8,210
Sheriff travel/overhead: $3,732...."

https://www.cbc.ca/news/canadThea/new-brunswick/dennis-oland-murder-trial-costs-1.5220017

More than 50% of the noted costs of the retrial was charged by one person, former lead Crown prosecutor P.J. Veniot, for him to come out of retirement--$490,000! In comparison, it looks like all other prosecution staff and backfell (what ever that means) only amounted to $177,820. In retrospect, Veniot wasn't worth his greedy price tag. The N.B. taxpayers should be fuming about his $ demand and who approved it.

https://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-costs-1.5220017
 
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Police watchdog may skip review of Oland homicide investigation
New Brunswick Police Commission decided in 2015 it would review Saint John Police Force's handling of case


Jul 23, 2019

"The New Brunswick Police Commission may not proceed with a professional conduct review of the Saint John Police Force's handling of the Richard Oland homicide investigation.

And a review of the force's involvement in the jury selection process for Dennis Oland's murder retrial, which led to a mistrial being declared, will not proceed.

The independent provincial policing oversight body decided to review all prior decisions related to the Oland investigation and plans to discuss the matter further at an upcoming meeting, executive director Jennifer Smith told CBC News on Monday....

The commission's Police Act review of the Saint John force was announced in 2015 after problems with the investigation came to light during Dennis Oland's first trial, which ended with a jury convicting him of second-degree murder in the 2011 bludgeoning death of his father.

The jury heard evidence that police failed to protect the crime scene from possible contamination, used the washroom located in the foyer outside the victim's office for two days before it was forensically tested, and never tested the back door for evidence because someone had opened it and therefore contaminated it.

That prompted the trial judge to give the jury instructions on "inadequate" police investigations.

The commission's review was suspended when Oland appealed his conviction and a new trial was ordered, but it was expected to resume once all criminal proceedings were complete...."

https://www.cbc.ca/news/canada/new-...ice-commission-investigation-review-1.5220021
 
Appeal of Dennis Oland's 2nd-degree murder acquittal unlikely, say veteran lawyers

Jul 27, 2019

"A week has passed since Dennis Oland was found not guilty of second-degree murder in the 2011 bludgeoning death of his father, with no word yet on whether the Crown will appeal.

But two veteran defence lawyers contend it's unlikely New Brunswick prosecutors will challenge Oland's acquittal in the high-profile retrial in Saint John.

"I think this is the end of the road for this matter," said local lawyer David Lutz, who has handled 42 murder cases during his 42-year career.

He described Court of Queen's Bench Justice Terrence Morrison's written decision as carefully reasoned.

"I don't know of a Supreme Court of Canada judgment that went over 150 pages."...

Public Prosecutions Services has until Aug. 19 to file an appeal and prosecutors said in a statement they intend to "carefully study and review" Morrison's reasons for judgment before making a decision.

Christopher Hicks, a Toronto-based lawyer who specializes in murder trials and has followed the Oland case closely, said he would be surprised if the Crown appeals.

"I don't think the Crown has the appetite for it," after investing so much time, effort and money into the case, he said. "I would doubt it very much — unless public sentiment dictates that there be an appeal."..."

https://www.cbc.ca/news/canada/new-...murder-not-guilty-appeal-lutz-hicks-1.5226590
 
New Brunswick Crown will not appeal acquittal in Oland murder trial (with clip)

August 13, 2019

"New Brunswick’s Public Prosecution Services announced Tuesday they will not appeal last month’s acquittal of Dennis Oland on a charge of second-degree murder in the 2011 bludgeoning death of his multi-millionaire father, Richard....

The prosecution services issued a statement Tuesday saying the ultimate aim of any trial must be to seek and ascertain the truth.

“This search for truth is qualified however by other laudable principles upon which our system is based: the presumption of innocence, the principle of reasonable doubt, fair process, the prohibition against double jeopardy, among many,” the statement said.

“Public Prosecution Services pursues the truth in every trial and appeal process, but we do so simultaneously as guardians of these equally important principles upon which our system is based.”

It said Justice Morrison’s 146-page decision was closely reviewed before it was determined “there is no basis upon which the Crown can appeal the acquittal of Dennis Oland.”

The news was welcomed by Oland’s defence lawyer, Alan Gold, who called Morrison’s decision “legally impeccable.”

“It was their only possible decision in law and expected for all the reasons they set out,” Gold said in an email to The Canadian Press.

“Now we hope the police will move forward and actually solve this tragic case.”...."

New Brunswick Crown will not appeal acquittal in Oland murder trial
 
N.B. Police Commission denies negligence in conduct investigation of ex-deputy chief
Police watch dog responds to Glen McCloskey's lawsuit over probe related to Dennis Oland's murder trial


Aug 14, 2019

"The New Brunswick Police Commission and its former executive director deny any wrongdoing in how they handled a conduct complaint against the former deputy chief of the Saint John Police Force in connection with Dennis Oland's murder trial.

Glen McCloskey is suing the commission and Staphan (Steve) Roberge for alleged negligence, bias, unlawful conduct and violation of public trust in their investigation into allegations he tried to influence another officer's testimony about his presence at the bloody scene of Richard Oland's murder...."

https://www.cbc.ca/news/canada/new-...suit-glen-mcloskey-saint-john-oland-1.5243927
 
Oland family offers reward for info to help solve Richard Oland's murder

Aug 14, 2019

"Dennis Oland's family has renewed its offer of a reward for information that might help find the real killer of his father, multimillionaire Richard Oland.

The move comes after Saint John police Chief Bruce Connell said Tuesday that the force has no plans to resume the 2011 investigation, despite Dennis Oland being found not guilty of second-degree murder at his retrial last month.

"The family of Dennis Oland would certainly renew its offer of a reward, something that may provide the police with additional information or new evidence, which Chief Connell has suggested is required for further investigation to take place," a statement issued Wednesday by Oland family lawyer Bill Teed said.

No dollar amount was provided...."

https://www.cbc.ca/news/canada/new-...-reward-police-investigation-murder-1.5246876
 
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Film director seeks audio from Oland trials
Hearing scheduled for Oct. 10 on whether recordings can be used in Oland documentary


Aug 21, 2019

"The sound of Dennis Oland's voice proclaiming his innocence may become part of a national television broadcast if a Vancouver film director has her way.

Deborah Wainwright and Seven Knots Media Inc. are applying to the Court of Queen's Bench to use audio recordings from Oland's two murder trials in a documentary film. The material includes Oland's own testimony denying he murdered his father Richard Oland.

New Brunswick courts don't normally allow the broadcast of audio recordings of trials, even after the fact.

Wainwright, a veteran film director, is arguing that using the audio will ensure testimony in the trial is presented "as accurately as possible in the broadcast" in her documentary...."

https://www.cbc.ca/news/canada/new-brunswick/nb-dennis-oland-trial-audio-film-director-1.5253611
 
Revised and Expanded Edition of Bestselling Book on the Oland Murder Coming in October

Aug 28, 2019

"FREDERICTON, Aug. 28 2019 /CNW/ - Bobbi-Jean MacKinnon's bestselling book on the trial of Dennis Oland will be released in a revised edition on 22 October 2019 by Goose Lane Editions. The revised, updated, and expanded edition of Shadow of Doubt: The Trials of Dennis Oland will feature 70 pages of new content, more photographs, and new insight into the series of trials that stole the headlines. ..."

Revised and Expanded Edition of Bestselling Book on the Oland Murder Coming in October
 
I think the McFadden's may have been involved. Both Robert and his son gained financially from the murder - they both took over two of his three businesses and were paid to execute the will. Then the only blood to be found in the office not belonging to Orland - was that of Galen McFadden. Why was his blood even in the office ? Especially in the sink where a murderer may wash his hands before leaving. They said this blood was from an earlier time - but they messed up the forensics - so could they really be sure ! And why was blood on a paper towel if it were from earlier ! McFadden also claims he and his son left the office at 5.30pm - yet Dennis Oland was supposed to have arrived then and neither saw each other. It was also McFadden that provided a large portion of the evidence which was not corroborated by anyone else and he refused to provide his DNA - why ? The two were never really questioned by the police at all. Also one of the theories was that two weapons were used - could two people have been involved ? It is also easier to cover up your movements and provide alibi's if two people are working together !! Could it be that Oland was going to fire his long term friend or found him guilty of something ? No-one looked at McFadden's finances so no-one knows if there was motive there !
 

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