Kevin Bissett, The Canadian Press
Revealed Tuesday, August 13, 2019 12:26PM EDT
Final Up to date Tuesday, August 13, 2019 1:07PM EDT
FREDERICTON — New Brunswick’s Public Prosecution Providers won’t enchantment final month’s acquittal of Dennis Oland on a cost of second-degree homicide within the 2011 bludgeoning demise of his multi-millionaire father, Richard.
Oland, 51, was charged with the killing in 2013 and spent near a 12 months in jail after being convicted by a jury in 2015.
That verdict was overturned on enchantment in 2016 and the brand new trial ordered — this time earlier than choose alone.
In his July 19 resolution, Justice Terrence Morrison of the New Brunswick Court docket of Queen’s Bench stated Crown prosecutors didn’t show their case in opposition to Oland.
“More than suspicion is needed to convict someone of murder,” the choose stated. “In short, I am not satisfied the Crown has proved beyond reasonable doubt that it was Dennis Oland who killed Richard Oland.”
Morrison additionally stated he “cannot accept outright the accused’s denial of guilt.” He stated there was a lot to implicate Oland within the crime, together with blood stains containing his father’s DNA on the jacket he was sporting the day of the killing in Saint John, N.B.
However the presumption of innocence and the necessity for proof past an affordable doubt are excessive requirements in legislation, he stated, and so they weren’t overcome by prosecutors.
The prosecution providers issued a press release Wednesday, saying the last word purpose of any trial should be to hunt and confirm the reality.
“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 assertion says. “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 says Justice Morrison’s 146-page resolution was carefully reviewed earlier than it was decided “there is no basis upon which the Crown can appeal the acquittal of Dennis Oland.”
Dennis Oland and his household didn’t make any public remark following the decision final month.
At a information convention the day of the choice, defence lawyer Alan Gold stated Dennis Oland’s fast plans had been to decompress from the pressures of the previous eight years and spend time along with his household.
He stated Oland was a sufferer of police tunnel imaginative and prescient and known as on the Saint John police to relaunch their investigation and “find the real perpetrators of this terrible, terrible crime.”
The family-owned enterprise, Moosehead Breweries, relies in Saint John, and Richard Oland was a former vice-president till he misplaced out in a succession dispute and left to run his personal enterprises.
Oland was bludgeoned to demise someday through the evening of July 6, 2011 within the workplace of his funding agency Far Finish Corp. He was struck 45 occasions with a hammer-like weapon, leaving his cranium cracked in a number of locations.
Dennis Oland was the final identified individual to have seen his father alive.
The police and prosecution idea was that in his go to to the workplace that day, Dennis Oland used one thing like a drywall hammer with each a pointy edge and a blunt finish to beat his father to demise.
Throughout his time on the witness stand, Oland described that idea as “absolutely ridiculous,” saying he’s “not that kind of monster.”
One witness, who was working within the workplace under Oland’s stated he heard thumping and banging coming from the ground above round 7:30 or 7:45 p.m. — a time when Dennis Oland was nowhere close to the crime scene.
“Justice Morrison, was impacted by the ‘alibi-like’ evidence relating to the ‘guesstimates’ of the time of death of Richard Oland,” Public Prosecution Providers says in its assertion. “Consequently, his decision erects a complete barrier to an appeal by the Crown.”