Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 486440 times)

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1620 on: October 27, 2016, 11:09:29 AM »
It was noted in TV coverage that Oland could ask for trial by judge only, but the prosecution would have to agree. And vice versa-the prosecution could ask for judge only, and Oland would have to agree.

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1621 on: October 27, 2016, 11:11:17 AM »
  I don't know if it's possible in a matter this serious for the defendant to elect trial by judge alone (I think I recall another murder trial in NB years ago where it was but the name escapes me) but that might very well be the best route to take.  Personally, for various reasons, I'm never comfortable with those types of trials when serious offences are involved, but if it's best for all concerned so be it.

I believe that the defenses initial request for a jury trial must stand, and though the defense can make an application to have that changed to a trial by judge, the prosecution has to accept the request.

edit: beaten to it!

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1622 on: October 27, 2016, 03:37:10 PM »
While the court has ordered a new trial, can the prosecution say that they can not or chose not to  retry, as there will be little chance of getting a conviction the second time around?

Thoughts anyone?


jb
« Last Edit: October 27, 2016, 03:45:09 PM by jellybean »

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1623 on: October 27, 2016, 04:49:36 PM »
While the court has ordered a new trial, can the prosecution say that they can not or chose not to  retry, as there will be little chance of getting a conviction the second time around?

Thoughts anyone?


jb

Although the Crown prosecutor wouldn't answer a reporter's question if they planned to retry Oland, I have no doubt that they will. It is their choice, regardless of the Court ordering a new trial.

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1624 on: October 27, 2016, 05:54:58 PM »
Given the retrial was ordered simply on the basis of the judges directions to the jury, and that none of the evidence or testimony brought forward by the defense was deemed inadmissible by the appeal court, the prosecution has the identical case to bring forward again- one that a jury found plausible. If that case was strong enough to try the first time I would think it would be enough to try a second time unless the prosecution believes that something excluded during the first trial was so critical to their case that it makes a fresh conviction unlikely. But, given the the jury's first verdict, I would think that unlikely.       
« Last Edit: October 27, 2016, 06:57:29 PM by BaySailor »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1625 on: October 30, 2016, 12:33:36 PM »
http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-new-trial-murder-appeal-1.3823742

Dennis Oland's new trial could be at least a year away
Several factors could further delay new murder trial in bludgeoning death of father

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1626 on: October 30, 2016, 12:38:03 PM »
continued....

Change of venue 'not readily granted'

Veteran Saint John-area lawyer David Lutz, who has handled five or six retrials in his 30-plus year career, said they were all scheduled within three or four months.

"My expectation is everyone will do their best to rearrange their schedule to accommodate this case," he said.

Lutz expects the biggest problem will be selecting an unbiased jury. "That's going to be a big issue," he said.

Changes of venue are "not readily granted" because of the "substantially greater cost" of travel and accommodations for the prosecutors, police and witnesses, he said.

"But in this case, I would think it's something that the clerk would have to consider," said Lutz, suggesting people in places such as Miramichi or Bathurst might not be as familiar with the case.

'Unless people have been living under a rock, everybody's heard about the Oland trial. You're not going to find anybody anywhere really who hasn't heard about it'
- Christopher Higgs, Toronto lawyer
Christopher Higgs, a Toronto lawyer who specializes in murder cases, said it's "difficult" to be granted a change of venue due to the so-called challenge for cause procedure, where parties can question whether prospective jurors are capable of setting aside their views and biases.

He isn't convinced it would be beneficial in this case. "Unless people have been living under a rock, everybody's heard about the Oland trial. You're not going to find anybody anywhere really who hasn't heard about it."

It's also "very difficult" to get a judge-alone murder trial, said Higgs. "The jurisprudence in Canada is very much in favour of jury trials, entrusting properly instructed juries to do the right thing."

"I'm a great believer in juries," he said, citing the division of labour and specialization of task. "Everybody has a job to do and they know what their job is."

Oland is scheduled to appear in Saint John's Court of Queen's Bench on Dec. 5 to possibly schedule a new trial date.

He is living in the community under several conditions. He surrendered his passport, must notify police of any travel outside the province, continue to live at his home in Rothesay and notify police of any change of address. His uncle Derek Oland, the executive chairman of Moosehead Breweries, also posted a $50,000 surety.

The body of Richard Oland, 69, was discovered lying face down in a pool of blood in his Saint John investment firm office on July 7, 2011. He had suffered 45 blows to his head, neck and hands. No weapon was ever found.

His son, Dennis Oland, was the last known person to see him alive during a meeting at his office the night before.

A jury found him guilty of second-degree murder following a three-month trial in Saint John's Court of Queen's Bench.

Oland's family has stood by him from the beginning, maintaining his innocence.

With files from Robert Jones

capeheart

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1627 on: October 31, 2016, 09:48:41 AM »
On the news today he is going through a hearing to remain out on bail before his new trial. So this is still to be confirmed whether he will remain out on bail or not. This bail he has now is temporary, I thought that was it, but he is at a hearing today according to the news.

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1628 on: October 31, 2016, 03:45:54 PM »
On the news today he is going through a hearing to remain out on bail before his new trial. So this is still to be confirmed whether he will remain out on bail or not. This bail he has now is temporary, I thought that was it, but he is at a hearing today according to the news.

The bail he is out on is unrelated to the bail that was being discussed at the Supreme Court today. He is currently out on a  bail that is one of a person arrested for murder awaiting trial. The bail hearing today was for that of a person convicted of murder but awaiting an appeal hearing. As such, today's hearing was irrelevant for Dennis as he is no longer considered a convicted murder awaiting an appeal, since his first trial was thrown out. The hearing was held today anyway to help courts decide in the future whether or not somebody in the position Dennis was in, before the trial was thrown out, might be granted bail. It's simply an opportunity for the Supreme Court of Canada to clarify for lower courts what may or may not be appropriate for future cases. I hope that helps.     
« Last Edit: October 31, 2016, 09:06:43 PM by BaySailor »


jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1630 on: November 01, 2016, 02:22:06 PM »
 While I strongly agree on this matter going before the  Supreme Court of Canada to clariy this matter, making it equal for all, it  may also have an  advantage for Dennis Oland.

 Dennis Oland's name attached to any judgement coming out of the Supreme Court of Canada regarding parole, might give him brownie points when he returns for re-trial.

Especially if it is successful. Should he be found guilty the second time, then he could be granted parole again, while his lawyers take the matter to the Supreme Court of Canada

As an aside, Dennis had nothing to do with appealing this law.  It was his lawyers and his family.
Yet, he attends Ottawa, being built up as a strong advocate for justice  and "leader of the pack".

Whether this hearing changes anything, remains to be seen.  Regardless,  it will still be another legacy of the Oland's. And if successful, it will be viewed as a "gift to society", in the name of Dennis Oland.

jb
« Last Edit: November 01, 2016, 02:46:30 PM by jellybean »

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1631 on: November 01, 2016, 03:42:05 PM »

jb: Considering how long it takes the Canadian justice system to make changes (or even delete changes from the record) I imagine that Dennis will be an old man, or six feet under, before the Supreme Court rules on a directive for this parole issue. Trust me.  LOL

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1632 on: November 01, 2016, 10:57:24 PM »

jb: Considering how long it takes the Canadian justice system to make changes (or even delete changes from the record) I imagine that Dennis will be an old man, or six feet under, before the Supreme Court rules on a directive for this parole issue. Trust me.  LOL

You may be entirely right.  It did not take the Supreme Court long to hear it.  That surprised me!
Dennis' trial is one year away.
Realizing that they have other cases, one year may be all the time that they need.

I just now found this - good old google is behaving today!!

http://www.scc-csc.ca/case-dossier/stat/cat5-eng.aspx#cat5c
Between 2005 - 2015 - Average Time Lapses Between Hearing of Appeal and Judgement.

This surprises me!! Heavens, an accused takes longer to have their original trial heard in their province.

Kindly click on link - the longest time was 8 months. What a shocker!! :o :o


jb




« Last Edit: November 01, 2016, 11:15:01 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1633 on: December 13, 2016, 12:02:37 AM »
Quote from news article on reply 1625.

"t will likely be next fall before a new trial for Dennis Oland can be held, according to a Saint John court clerk.

But depending on the next move made by the Crown or the defence, it could be even longer, according to Amanda Evans"

----------------------------------------------------------------------------------------------------------

Does the clock begin tick - re the 30 months allowed for a trial start to finish per Supreme Court's new ruling for trials?

Or is there no reset button now that he may be retried on the same case?

In other words, does the count begin from the time of the first arrest - straight through to the end of the retrial? 

Or has the reset button been pressed?

Thoughts, anyone?

JB

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1634 on: December 13, 2016, 08:32:44 PM »
Quote from news article on reply 1625.

"t will likely be next fall before a new trial for Dennis Oland can be held, according to a Saint John court clerk.

But depending on the next move made by the Crown or the defence, it could be even longer, according to Amanda Evans"

----------------------------------------------------------------------------------------------------------

Does the clock begin tick - re the 30 months allowed for a trial start to finish per Supreme Court's new ruling for trials?

Or is there no reset button now that he may be retried on the same case?

In other words, does the count begin from the time of the first arrest - straight through to the end of the retrial? 

Or has the reset button been pressed?

Thoughts, anyone?

JB
http://www.theglobeandmail.com/news/national/supreme-court-lays-out-new-framework-for-ensuring-right-to-timely-trial/article30817133/