The woman Richard Oland was having an extramarital affair with has described the anger and then the panic she felt as she tried in vain to reach her multimillionaire lover in the hours after he was bludgeoned to death in his office.
The videotaped testimony of Diana Sedlacek, a former real estate agent in Saint John who was romantically involved with Oland for eight years, was played at the retrial of Dennis Oland on Tuesday. Oland, 50, has been charged with the second-degree murder of his father on July 6, 2011.
In the space of time between 6:44 p.m. on July 6 until late in the morning of July 7, Sedlacek told the court about the text messages she sent Richard Oland, ranging from swearing and threatening to call his home, to praying for him.
“Stop this f…… around and answer your damn phone,” she texted on the night of July 6, at which time police believe Richard Oland was lying dead on the floor of his Saint John office, killed by repeated blows to the head.
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Later the next day, after she watched Richard Oland’s car being towed from his office parking lot by police, she wrote, “I love you. God be with you my love. Praying, praying.”
She said she feared he may have had a heart attack.
The prosecution is presenting Sedlacek’s testimony from Dennis Oland’s first trial in 2015. In agreement with Oland’s defence team, video replays of several witnesses are being shown at the new trial to save time.
Oland was convicted in 2015, but the verdict was set aside on appeal in 2016 and a second trial ordered. It is being held before judge alone in the Saint John Court of Queen’s Bench.
The defence did not cross-examine Sedlacek.
Prosecutors have told the court they believe Dennis Oland’s anger over his father’s extramarital affair may have contributed to motive in what they describe as a “rage killing.”
Sedlacek’s numerous text messages and the responses, or lack of response, from Richard Oland are also being used by prosecutors to help establish a timeline of the multimillionaire’s final hours.
There were no voice conversations between Sedlacek and Oland on July 6, 2011 – all communication between the two was through texts on their iPhones.
The messages start out happy and cosy in the earlier part of July 6.
“Morning Lixxxx on Goldn Gun,” reads her note to Richard at 9:08 a.m. Sedlacek tells the court this was a “term of endearment.”
“Did Zu find note? – re Our Trip.”
Oland and Sedlacek were planning a road trip to Portland, Me., later that month. Most of the exchanges concern arrangements for the getaway.
Both Sedlacek and Oland were married to others.
Her last message to Richard Oland, before his phone was turned off, was at 6:44 p.m. – a key time in the murder investigation. Dennis Oland, the last known person to have seen his father alive, would have just left the office a few minutes prior to that 6:44 text, on his way back to his home in Rothesay.
The trial already has heard that last message to Richard Oland’s cell phone pinged off a tower in Rothesay near the Renforth wharf, where Dennis Oland had stopped on his way home to see if his children where there.
Sedlacek did not receive any responses to her messages to Richard Oland past the early afternoon of July 6, 2011.
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Oland was 69 at the time of his death. Sedlacek described Oland, a member of the prominent Maritime beer-brewing family, as an avid skier and talked about his love of sailing.
Oland’s widow, Connie, was present in court for Sedlacek’s testimony. Members of the Oland family, including Derek Oland, Richard’s brother and executive chairman of the family-owned Moosehead Brewery Ltd., are in the courtroom every day to support Dennis.
Crown prosecutor P.J. Veniot had hoped to call Jiri Sedlacek, the ex-husband of Diana, to testify in person. However, the defence objected and Justice Terrence Morrison ruled his testimony would not be relevant.
Veniot had argued that as a “jilted husband,” Sedlacek might be seen as having a motive for murder. But Morrison said there is no evidence connecting Sedlacek to the crime and therefore his testimony would not be relevant.
Sedlacek did testify during the 2015 trial, at which time he said he was not aware of the affair between his wife and Oland prior to the murder. He also said he had nothing to do with Oland’s death.
The trial will continue Wednesday. It is expected to last until mid-March.