Dennis Oland appeal judge rejects lawyer's suggestion there was no animosity with dad - Action News
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New Brunswick

Dennis Oland appeal judge rejects lawyer's suggestion there was no animosity with dad

New Brunswick's top judge rejects the notion that Dennis Oland had a normal relationship with the father he was convicted of killing multimillionaire businessman Richard Oland.

N.B. Court of Appeal Chief Justice Ernest Drapeau quotes from Oland's statement to police after murder

(Andrew Vaughan/Canadian Press)

A judge inNew Brunswick's top court has rejectedthe notion that Dennis Oland had a normal relationship with the father hewas convicted of killingmultimillionaire businessman Richard Oland.

Chief Justice Ernest Drapeau of the Court of Appeal on Tuesday referred to evidence of a strained father-sonrelationship as he spokeduringOland's appeal hearing, which resumes Wednesday at 10 a.m. ATin Fredericton.

Oland'sdefence team isseeking to have his second-degree murder conviction in the 2011 death of his fatheroverturned, and either an acquittal entered or a new trial ordered.

Defence lawyerscontendthe jury verdict in December was "unreasonable" and a "miscarriage of justice." They also argue thetrial judge made errors in allowing certain evidence to be admitted and errors in his instructions to the jury.

Alan Gold, who is presentingarguments on behalf of the defence team,suggested to the three-justice appeal panel there was no evidence of animosity between father and son presented atOland'sjurytrial last fall.

Ernest Drapeau, chief justice of the Court of Appeal of New Brunswick, rejected Dennis Oland's lawyer's idea that there was no animosity between Oland and his father. (CBC)
ButDrapeauquoted heavily fromOland'sstatement to police on July 7, 2011, the day his 69-year-old father's body was discovered lying face down in a pool of blood in his Saint John investment office.

CBC is livestreaming Dennis Oland'smurder conviction appeal hearing, which began Tuesday and is expected to end Thursday inthe Court of Appeal of New Brunswick.

Olandtold police his father was not "the easiest guy in the world to get along with," Drapeau said.

"He talksabout his father embarrassing him in front of strangers on a sailboat. He talks about his father humiliating him at a dinner," and "treating him like a waiter," saidDrapeau.

"The relationship I see here is a very difficult one That's part of the cocktail, don't you think, the jury could hear?"

Dennis Oland, who was escorted by sheriff's deputies to a waiting van following his appeal hearing on Tuesday, is expected back in court on Wednesday. (CBC)
Gold countered saying those were afew isolated incidents over a number of years.

"In my respectful submission, there's nothing unusual in his descriptionof his relationship with that kind of a father," saidGold.

Drapeauwent on to recount the section ofOland'spolice statement about his father's extramarital affair, when hesayshis sister, LisaBustin, founda bottle ofViagraand thought their father was a "dirty pig."

"Now that, to me, is not a fine relationship between a father and a son," said Drapeau.

Gold stressedOlanddidn't say that was his ownopinion;he was only saying what his sister thought.

Drapeaudidn't budge.

"Thathe'd relay that, the day after his father was killed, to a police officer, that his sister described him as a dirty pig,doesn't evidence for mea fine relationship between father and son," the judge said.

Oland'slawyersare expected to finish presenting their case by noon on Wednesday.The Appeal Court will then hear arguments from the Crown before rendering a decision, possibly as early as Thursday afternoon.

Richard Oland, 69, was found dead in his Saint John office on July 7, 2011. (Canadian Yachting Association)
Oland, 48, was found guiltyof second-degree murder by a juryon Dec. 19, 2015. He is serving a life sentence with no chance of parole for at least 10 years.

Oland, who was shackled and flanked by sheriff's deputies in the prisoner's box during Tuesday's court appearance, smiled and joked with family members andother supporters during a shortrecess.

"You owe me seven bucks for cab fare, Dad," his teenagedaughter said."You should have told him $14," a sheriff's deputy quipped.