The murder case that shocked and gripped the province of New Brunswick will once again see the inside of the provincial Court of Appeal this week.
Dennis Oland, of the family that owns Moosehead Breweries, is scheduled to appeal his conviction of second degree murder in the death of his father Richard Oland starting on Tuesday. Oland either wants the conviction quashed and to be acquitted or a new trial ordered.
Associate professor in UNB’s law faculty Nicole O’Byrne says overturning a decision that was made a jury will be an uphill battle.
“When you ask for an appeal of conviction it’s usually because the person who made the decision, the judge, has given reasons that don’t make sense, or are unreasonable or aren’t correct in law,” says O’Byrne. “With a jury trial, juries don’t give reasons.”
Thd defence is arguing that Justice Jack Walsh made an error in admitting evidence from the brown jacket, a key piece of evidence in the trial.
“If that’s found to have been illegally obtained by the Court of Appeal, and that that piece of evidence should have been excluded when they go back to the next trial the judge or the jury who will be deciding this new trial will not have access to that piece of evidence,” says O’Byrne.
Oland has been sentenced to life in prison without the chance of parole for at least 10 years.
You can hear the interview with O’Byrne on our weekly half hour news show Pulse NB:
(Photo: Fredericton Blogger)
