Dennis Oland asks Supreme Court of Canada to hear bail case

Dennis Oland has filed an applicationto the Supreme Courtof Canada, hoping to reversea New Brunswickcourt's decision to deny him bail pending the appeal of his second-degreemurder conviction in the death of his father.

His legal team issued a brief statement Friday saying they haveasked Canada's highest courtto hear the case, something itis not obliged to do.

"While we respectthe [New Brunswick] Court of Appeal's ruling, the leave application is based on the fact that appeal Courts across Canada have expressed divergent opinions on the legal test for bail pending appeal," said a statement released Friday by lawyer Bill Teed on behalf of Oland'slawyers. "We see Dennis Oland's case as a potential opportunity for the Supreme Court of Canada to clarify this point of law."

• Dennis Olandgets life in prison

The statement said there would be no further comment.

New Brunswick's highest court rejectedOland's bid to be granted bailin early April, and no one convicted of murder in the province has ever been granted bail before.

Chief Justice Ernest Drapeau said then he was "duty bound" to upholdan earlier decision to denyOlandbail on the grounds thatreleasing a convicted murderer pending appeal could shake the public's confidence in the justice system.

Drapeau noted, however, that Oland's grounds of appeal of his murder conviction in the2011 bludgeoning death of his father, multimillionaire Saint John businessman RichardOland, "appear to be serious."

No chance of parole for 10 years

The bail decisionmeansOland,48, who is serving life in prison with no chance of parole for at least10 years,will remain behind bars until his appealcan beheard.

It has been tentatively scheduled for Oct. 18-21,provided a transcript of his three-month trial can be prepared on time.

Olandhas been in custody since Dec.19, when aSaint John's Court of Queen's Bench jury found him guilty of second-degree murder.

He has been seeking release since Feb. 12, the day after he was sentenced.

3 conditions for bail

On Feb. 17, Court of AppealJustice J.C. Marc Richard had ruled "theconfidence of the public in the administration of justice would be undermined" if a convicted murderer were to be released pending appeal.

Under the Criminal Code, bail may be granted pending appeal if the appeal is not frivolous, the convict will surrender into custody when the time comes, and his detention is not necessary in the public interest.

Richard Oland, 69, was found beaten to death in his Saint John office on the morning of July 7, 2011. He was lying face down in a pool of blood with 45 sharp and blunt force injuries to his head, neck and hands. No weaponwas ever found.

His son, Dennis Oland, was the last known person to see his father alive during a meeting at his investment firmoffice the night before.

Oland's family has stood by him from the beginning, maintaining his innocence.