"The New Brunswick Court of Appeal has ordered a new
trial in the second-degree murder conviction of Dennis Oland in the
2011 bludgeoning death of his father, Richard. The appeal panel quashed the jury's guilty verdict on Monday morning,
saying the trial judge had erred in his instructions to jury on a "key
piece of the evidential puzzle" — whether Oland had "lied" to
police about what he was wearing the night they believe his
multimillionaire father was killed. The father of two daughters, a son and a stepson remains in custody,
but he has "reacquired the presumption of innocence," said Chief Justice
Ernest Drapeau. A bail hearing has been scheduled for 11 a.m. AT
Tuesday. Oland was released on bail pending his first trial and abided by all of the court-imposed conditions. Richard Oland, 69, was found dead in his Saint John office on July 7, 2011......... About 5,000 people were given summons as prospective jurors for
Oland's first trial last fall, given the high-profile nature of the case
and pre-trial publicity. It was one of the largest jury pools
in New Brunswick history and larger than some of the most high-profile
cases across Canada, including Luka Magnotta, Robert Pickton and Paul
Bernardo."
See Canadian Press story at the link below: "Oland told police he was wearing a navy blazer, but later admitted he was wearing a brown Hugo Boss jacket. The Crown portrayed the statement as an intentional lie, while the defence and Oland himself said it was an honest mistake. The brown jacket was later found to have minuscule blood stains and DNA matching the profile of Oland's 69-year-old father, Richard, who was found bludgeoned to death in his Saint John office on July 7, 2011."..."In an interview with AdvocateDaily.com, Toronto criminal lawyer Christopher Hicks says he feels somewhat vindicated in his views of the Oland trial. “I felt strongly there should have been a verdict of not guilty at trial, and subsequent to the conviction, the Court of Appeal for New Brunswick should have granted him bail pending his appeal,” he says. “Having been incorrect twice, I am gratified by the quashing of the conviction and the ordering of a new trial.” Hicks, partner at Hicks Adams LLP, has closely followed the Oland matter and told the CBC prior to Monday’s appeal decision that he found it “shocking” the appeal panel could deliver its decision so quickly. The panel said it would likely have its decision less than a week after hearing the appeal. Hicks said it suggested “whatever result they’re going to come to, they seem to believe it’s obvious and it’s not troubling them in any way.”"
http://www.advocatedaily.com/christopher-hicks-appeal-courts-decision-to-order-new-trial-for-dennis-oland-correct-hicks.html
