Crown to appeal ruling overturning Dennis Oland murder conviction -

Crown to appeal ruling overturning Dennis Oland murder conviction

New Brunswick prosecutors set to ask Supreme Court of Canada for appeal

Dennis Oland, accompanied by his mother Constance Oland, arrives for the start of his trial in Saint John, N.B. on Wednesday, Sept. 16, 2015. Oland is charged with second degree murder in the death of his father. Richard Oland, 69, was found dead in his Saint John office on July 7, 2011. (Andrew Vaughan/CP)
Dennis Oland. (Andrew Vaughan/CP)

SAINT JOHN, N.B. — New Brunswick prosecutors say they will ask the Supreme Court of Canada for leave to appeal a court ruling overturning Dennis Oland’s conviction for his multi-millionaire father’s 2011 murder.

Oland was convicted of second-degree murder in December 2015, but that verdict was overturned by the New Brunswick Court of Appeal in October.

The appeal court ruled the trial judge erred in his instructions to the jury, and ordered a new trial in the bludgeoning death of prominent businessman Richard Oland, whose body was found in his office in July 2011.

In court in Saint John, N.B., Tuesday, Crown prosecutor Kathryn Gregory said they will appeal that ruling, and also asked for the earliest available trial date.

She said they could be prepared to go to trial as early as this coming September.

But defence lawyer Gary Miller said it would be premature to set a re-trial date before knowing if the Supreme Court will grant an appeal and a possible cross-appeal from the defence.

As well, he said the defence is still dealing with disclosure issues — only getting some documents a few weeks ago.

Judge William Grant did not set a new trial date. He has agreed to wait until after the Supreme Court makes its decision.

Miller said if a new trial is held, it would be sometime in 2018 at the earliest.

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