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Author Topic: Richard (Dick) Oland | Murdered | 69 | Saint John  (Read 359492 times)

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1680 on: July 13, 2017, 02:44:50 PM »
Dennis Oland has been granted a new trial by Supreme Court of Canada. His lawyers asked for an acquittal, and the prosecution asked for his conviction to be reinstated.

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-supreme-court-decision-appeal-murder-1.4176092

thanks for that. Officially it's the NB Court of Appeal that granted the new trial- the Supreme Court of Canada by not hearing the appeals lets that decision continue to stand.




I wonder when  that will be? The NB government is broke, and this would be an expensive retrial. Any chance the crown doesn't proceed?

Thanks BaySailor. If there is one thing I am consistent about--it's screwing up the various courts of justice.   ;D

As for your questions, the following is taken from the above link.

"Although the Crown is not obligated to pursue the new trial ordered by the Court of Appeal, it "absolutely" will be, said LaBonté.

A date for the new trial will now be scheduled in New Brunswick's Court of Queen's Bench, likely for sometime in 2018."

thanks. And apparently the crown wants a jury trial again. I can't wait!   

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1681 on: July 13, 2017, 05:32:10 PM »
This time around, who has the choice? Re; by judge or jury? Prosecution or Defendant?

jb

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1682 on: July 13, 2017, 07:22:40 PM »
This time around, who has the choice? Re; by judge or jury? Prosecution or Defendant?

jb


The Criminal Code stipulates all homicide cases are to be heard by a judge and jury, but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Apparently the Crown wouldn't accede to that, at least at this point.     
« Last Edit: July 13, 2017, 07:38:10 PM by BaySailor »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1683 on: July 13, 2017, 10:38:03 PM »
Quote
but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Who gets the request (who goes first?} Would it go to whomever files the request first? ie - by judge.

JB

Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1684 on: July 14, 2017, 06:13:13 PM »
Quote
but the defence or Crown can request a judge-alone trial. The other party must consent and its decision cannot be appealed.

Who gets the request (who goes first?} Would it go to whomever files the request first? ie - by judge.

JB

I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

It seems obvious to me, that the Crown wants another trial by jury, since they got a guilty verdict in the first jury trial. Broke or not--and good luck finding an impartial jury! If I was to guess, I think Dennis might have a better chance with a judge, due to the legal interpretation of "guilty beyond a reasonable doubt".  JMO


jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1685 on: July 15, 2017, 04:26:26 PM »
Quote
I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

Well, the trick to get out of another trial, is to not agree..... and go free?

er.... Something is not making sense.... I think I am missing something.
Am wearing my "stupid hat" today.

jb

BaySailor

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1686 on: July 16, 2017, 12:46:05 AM »
Quote
I don't think it matters who requests a trial by either judge or jury jb. Both sides have to agree or it doesn't happen.

Well, the trick to get out of another trial, is to not agree..... and go free?

er.... Something is not making sense.... I think I am missing something.
Am wearing my "stupid hat" today.

jb

It will be by jury unless crown, defence, and judge agree otherwise. If the defence wants a judge only trial and the others don't agree, too bad for the defence. It proceeds as a jury trial.

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1687 on: July 16, 2017, 11:32:14 PM »
Thanks Bay Sailor.  -  I  agree that  D. might want trial by judge. He did not have much luck with jury.

Is this trial still "the talk of the town"? -  Or has it been hushed down?

jb
« Last Edit: July 16, 2017, 11:37:39 PM by jellybean »

Long Gone

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1688 on: August 09, 2017, 06:16:18 AM »
http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-new-murder-trial-1.4238345

Snipped for length.


Crown 'hopeful' Dennis Oland's new murder trial will be held in 2018
Date expected to be set on Sept. 5, after both parties 'iron out' some matters
By Bobbi-Jean MacKinnon, CBC Posted: Aug 08, 2017

The Crown is "hopeful" Dennis Oland's new murder trial in the bludgeoning death of his father, New Brunswick multimillionaire Richard Oland, six years ago, will be held next year.

P.J. Veniot, the lead prosecutor, made the statement to reporters after a brief court appearance in Saint John on Tuesday morning.

"The Crown is ready to proceed whenever the dates are set," he said.

​A date for the new second-degree murder trial, ordered by the New Brunswick Court of Appeal when it overturned Oland's conviction last fall, was scheduled to be set Tuesday in Saint John's Court of Queen's Bench.

But Veniot told the court both parties need more time to prepare.

There are "matters that need to be ironed out," Veniot said.

Both the Crown and defence will be "much better prepared for the next court appearance."

Justice William Grant agreed to the request and set scheduling for Sept. 5.

Oland, 49, who is free on bail while awaiting the new trial, did not attend Tuesday's proceedings. Oland family lawyer Bill Teed appeared on behalf of him and the defence team.

They too are hopeful the trial will be held in 2018, Teed told CBC News.

Asked whether there's any reason to believe it might not be, he replied: "I don't think so, but many people are involved who need to be accommodated when setting trial dates."


Have faith

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1689 on: September 06, 2017, 09:43:07 PM »
Just an update on the trial scheduling which has been delayed again by unresolved issues. I found this quote by Judge Morrison interesting ---"Morrison said he had hoped the pre-trial conference could be held sooner, but he understands there is the "possibility of an application that may require additional evidence and some health issues that may prevent that from happening in October." He did not elaborate." ???

http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-murder-trial-date-1.4272129

RubyRose

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1690 on: September 11, 2017, 09:50:42 AM »
I had the impression from the news article that I read, Have Faith, that it may have been related to the illness of one of the lawyers - can't remember now whether Crown or Defence .  I haven't been particularly following it much lately and unless something very new and startling is revealed either before or during the next trial, I probably won't bother then, either.  There was one witness (I had posted on it here somewhere earlier) who I thought could have helped Dennis considerably last time but although they were aware of her, the Defence chose not to call her.  They may choose to do so next time.  Not sure her testimony would have the same impact now, though.  Since it was possible she could have made a huge difference, (At the time she would likely have testified, I was still leaning toward "Not Guilty")I think most people would question why she wasn't called in the first place so they may have missed the boat on that one.

Long Gone

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1691 on: November 25, 2017, 08:40:16 AM »
http://www.cbc.ca/news/canada/new-brunswick/dennis-oland-assault-prison-cody-muise-aaron-mariott-sentence-1.4415688

2 violent inmates sentenced to 4 months for assaulting Dennis Oland in prison
Cody Muise and Aaron Marriott punched, kicked Oland at Atlantic Institution on July 31, 2016
By Bobbi-Jean MacKinnon, CBC News Posted: Nov 23, 2017

Excerpt:

Two violent inmates from Halifax have each been sentenced to four months for punching and kicking Dennis Oland at a New Brunswick prison after he was convicted of killing his father, Saint John multimillionaire Richard Oland.

Convicted murderer Cody Alexander Muise, 28, and Aaron Marriott, 27, serving time for attempted murder, were sentenced in Miramichi provincial court on Thursday afternoon via video conference from Atlantic Institution in Renous.

They both previously pleaded guilty to assaulting Dennis Oland at the maximum security prison on July 31, 2016.

The attack in the visitors room was captured on video, but it will not be made public because it was not entered into evidence because of the guilty pleas, Crown prosecutor Justin H?bert told CBC News.

Muise and Marriott punched and kicked Oland, knocked him to the floor and continued to punch and kick him until his visitors and guards intervened, the court previously heard.​

Oland, 49, suffered injuries to his face and was treated at the prison. The severity of his injuries has not been disclosed.

Oland, who was released last fall after his second-degree murder conviction was overturned and is facing a retrial next year, declined to provide a victim impact statement, H?bert said.

Oland family lawyer Bill Teed declined to comment on Thursday.

H?bert told the courtroom the facts of the case are straightforward and he did not go over the details again.

He and acting duty counsel Simon Wood jointly recommended four-month sentences for both Muise and Marriott.

Motive unknown

Judge Natalie LeBlanc followed the joint recommendation, saying the sentences will be served concurrently with the sentences they are already serving.

"Although this is an assault of another inmate, all assaults are assault and it is a criminal charge and will have sanctions," LeBlanc said.

"In order for our institutions to work properly, inmates must obey and follow all of the rules in relation to the peace officers, but also in relation to one another."

She also ordered them to each pay a $200 victim fine surcharge.

Muise and Marriott both thanked the judge but had nothing else to say.

They both changed their pleas to guilty on Sept. 25, the day their trial was set to begin.

No motive has been disclosed.

Gun battle

Muise is serving a life sentence for first-degree murder after being convicted in the 2010 shooting death of Brandon Hatcher.

Hatcher was killed in front of his Spryfield home in a gun battle with Muise and two other men.

The pair had exchanged threatening texts and phone calls earlier in the day and Muise believed Hatcher had made two previous attempts on his life, the trial heard.

Muise failed in his attempt to get his conviction overturned by the Nova Scotia Court of Appeal in 2015.

Marriott is serving a 15-year sentence for attempted murder in connection with a shooting outside a children's hospital in Halifax eight years ago.

He was 18 years old when he shot and injured Jason Hallett outside the IWK Health Centre on Nov. 18, 2008. He fired several shots at close range from a handgun into a Jeep Cherokee, the trial heard. Hallett was wounded in the wrist.

Marriott pleaded guilty in 2011 and was sentenced to 15 years in prison with no credit for the 29 months he spent in pre-trial custody, based on a joint recommendation by the Crown and defence.

Some of his co-accused received sentences of between five and 10 years.

Marriott unsuccessfully appealed his sentence to the Nova Scotia Court of Appeal in 2012 and the Supreme Court of Canada refused to hear his appeal in 2015.​

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1692 on: November 25, 2017, 09:09:25 PM »
Poor Dennis - victimized again!  Second trial should be interesting and I predict that he will "be found innocent of charges".

That tired brown sports jacket evidence will be thrown out!! Top of the line expensive sports jacket or not!!  Simply because Dennis recalled wearing a blue one, not a brown one, and  after all, he,  Dennis just  made an honest mistake.

Frankly, doesn't NB have other prisons, for those who are "milk toast" like Dennis?
He was convicted of killing his own father, but violent in other ways - he was not!!

I hope that he stays away from brown jackets when he goes to trial the second time around.  Perhaps a navy blue brazer with a crest on it? -
jb
« Last Edit: November 25, 2017, 09:21:14 PM by jellybean »

jellybean

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Re: Richard (Dick) Oland | Murdered | 69 | Saint John
« Reply #1693 on: January 05, 2018, 11:21:30 AM »
I had the impression from the news article that I read, Have Faith, that it may have been related to the illness of one of the lawyers - can't remember now whether Crown or Defence .  I haven't been particularly following it much lately and unless something very new and startling is revealed either before or during the next trial, I probably won't bother then, either.  There was one witness (I had posted on it here somewhere earlier) who I thought could have helped Dennis considerably last time but although they were aware of her, the Defence chose not to call her.  They may choose to do so next time.  Not sure her testimony would have the same impact now, though.  Since it was possible she could have made a huge difference, (At the time she would likely have testified, I was still leaning toward "Not Guilty")I think most people would question why she wasn't called in the first place so they may have missed the boat on that one.

Who was the woman?  Wracking my brains = Help!

Thanks RubyRose

jb
« Last Edit: January 05, 2018, 02:10:41 PM by jellybean »