N.B. judge denies Dennis Oland bail pending appeal
The Canadian Press
Published Wednesday, February 17, 2016 5:28AM EST
Last Updated Wednesday, February 17, 2016 5:25PM EST
FREDERICTON -- A judge has denied bail to convicted murderer Dennis Oland, saying releasing him pending his appeal would undermine public faith in the justice system.
Oland was sentenced last week to life in prison with no chance of parole for 10 years for the 2011 second-degree murder of his multi-millionaire father, Richard Oland, but had asked to be freed while he appeals his conviction.
"Should Mr. Oland be released in these circumstances, the confidence of the reasonable member of the public in the administration of criminal justice would be undermined," Justice Marc Richard told a packed courtroom on Wednesday.
No convicted murderer had ever been granted bail while awaiting appeal in New Brunswick.
Wearing the same brown suit and blue shirt he has repeatedly worn to court, Oland, 48, showed no reaction while being led away as family members wept and hugged each other.
"Today's decision is difficult to accept," Dennis Oland's mother, Connie, and wife, Lisa, said in a statement issued by the family's lawyer, Bill Teed.
"We know Dennis has been wrongly convicted and are confident our appeal will see justice prevail. His prolonged absence will be incredibly difficult and only serves to further compound the loss and anguish our family has suffered since Dick's murder.
"We will continue our long legal battle by pursuing every option to prove Dennis's innocence. We will not rest until he is home and Dick's killer is found."
Defence lawyer Alan Gold argued last week that Oland is willing to abide by all conditions and that his client's mother and uncle are willing to post $400,000 surety.
Richard said Oland met two of the three conditions needed to win bail -- the appeal was not frivolous, and he could be expected to abide by terms of the release.
But the judge said that Oland, though no danger to the public at large, nonetheless failed to establish that his detention is not necessary in the public interest.
Releasing Oland pending an appeal might undermine public confidence in the administration of justice, the judge said.
"Although the grounds of appeal may be clearly arguable, none fall in the category of the unique circumstances that would virtually assure a new trial or an acquittal," Richard said.
The elder Oland was found bludgeoned in his Saint John office in July 2011. He had suffered 45 blunt and sharp force blows to his head, neck and hands. No murder weapon was ever found.
In its notice of appeal, the defence argues that the verdict was "an unreasonable verdict in law and not one that a reasonable jury, properly instructed, could judicially have arrived at."