FREDERICTON -- Dennis Oland's bid to become the first convicted murderer to be granted bail in New Brunswick history was rejected for a second time Monday by the province's appeal court.
Oland, 48, was sentenced to life in prison on Feb. 11 with no chance of parole for 10 years in the July 2011 murder of his father, multi-millionaire businessman Richard Oland.
In a six-page decision, the Court of Appeal of New Brunswick confirmed an earlier court decision to deny bail to Oland.
"In my respectful opinion, the appellant has failed to make the case for reversal," wrote Chief Justice Ernest Drapeau on behalf of the three-judge panel that heard the case.
"In my view, the decision to deny bail is neither unreasonable nor the product of any material error of fact, law or mixed law and fact."
In a Feb. 17 decision, Justice Marc Richard of the New Brunswick Court of Appeal said although Oland was not a danger to the public, that wasn't a good enough reason to grant him bail pending an upcoming appeal.
Richard also said confidence in the justice system would be undermined if Oland was released.
In his decision, Drapeau noted that the review of the decision denying bail wasn't one of law but was "in essence a judgment call."
"I am not aware of any adjudication based on a judgment call which a reviewing court is allowed to reverse without a finding of material error or unreasonableness," wrote Drapeau.
In an emailed statement, Dennis Oland's mother Connie and his wife Lisa expressed disappointment at the court's decision, but said the legal battle would continue to "prove Dennis's innocence."
"Specifically, we will be devoting our efforts towards the success of the appeal of Dennis's conviction that is being heard on Oct. 18. We know Dennis has been wrongly convicted and we will not rest until he is home and Dick's killer is found."
In last month's bail appeal hearing, Oland's lawyer, Alan Gold, highlighted his client's fine character, strong ties to the community and the support of his family, which had agreed to post a $400,000 surety if he was released.
Gold rehashed key elements of what he called a "complex and convoluted case" that rested almost entirely on circumstantial evidence. He also said the jury's verdict was unreasonable.
Drapeau said the grounds of appeal appear to be serious.
"No doubt these issues will be canvassed and their significance, if any, debated at the appeal hearing," he said.
Richard Oland's body was found face down in a pool of blood in his Saint John office. He had suffered 45 blows to his head, neck and hands.
No murder weapon was ever found.
Statement from Connie and Lisa Oland, Oland's mother and wife:
“While we are extremely disappointed with the decision of the Court of Appeal we will continue our long legal battle by pursuing every option to prove Dennis’s innocence. Specifically, we will be devoting our efforts towards the success of the appeal of Dennis’s conviction, that is being heard on Oct. 18th, 2016. We know Dennis has been wrongly convicted and we will not rest until he is home and Dick’s killer is found. Once again, we would like to thank our friends and the community generally, for your overwhelming support and encouragement. ... It means a great deal to Dennis and his family.”
