The Supreme Court of Canada ruled on Thursday that it will not review the second-degree murder case of Dennis Oland.
The country’s top court dismissed an application by the New Brunswick Crown prosecutor to seek leave to appeal the New Brunswick Court of Appeal’s decision to quash Oland’s 2015 guilty verdict and order a new trial.
No reasons for the decision were given.
Alan Gold, Dennis Oland’s lawyer, says that the case heading to a second trial made it a “good day” for his client and exactly what they were hoping for.
“Limbo is over. We’re out of that, we’re out of that, we now know whats coming next. We’re going to have a new trial. Dennis is back in the same position he was when he was originally charged. He is presumed innocent,” said Gold.
Oland’s defense team had also filed a cross-appeal, seeking an acquittal of Mr. Oland based on, what it calls, five matters of public importance. The Supreme Court dismissed that as well.
A jury deliberated for 30 hours before finding Oland guilty in December of 2015 in the bludgeoning death of his father, well known Saint John businessman Richard Oland.
Richard Oland suffered 45 blows to his head, neck and hands. His body was found in his uptown Saint John office on July 7, 2011.
For his murder, Dennis Oland was originally sentenced to life in prison with no chance of parole for ten years.
Greg Marquis, a professor at the University of New Brunswick and author of a book documenting the Oland trial, says that even with the Supreme Court’s decision the defense will have a tough road ahead.
“There was that dramatic turn around where they said that they were going to have family members testify and then that was changed,” he said. “So whether or not family members will be brought in this time, that will be really interesting to see.”
The defense launched an appeal and in October of 2016 the New Brunswick Court of Appeal quashed the guilty verdict, citing an error made by the trial judge in his instructions to the jury.
A new trial was ordered and Oland was released on bail. He lives with his family in Rothesay.
The New Brunswick Public Prosecution Service says they are unable to comment since the matter is officially before the courts.
The legal process will continue on Aug. 8, 2017 where the date for a new trial could be determined. The trial is not expected to begin until 2018