The Crown plans to appeal the overturning of Dennis Oland’s murder conviction to the country’s highest court.
That new development came out during a hearing at the Saint John courthouse which Oland attended, his first court appearance since he was granted bail pending retrial and walked freely down the steps of the Fredericton courthouse back in October with his supporters in tow.
Crown prosecutor Kathryn Gregory says Crown is requesting leave to appeal from the Supreme Court of Canada #Oland.
— Laura Lyall (@LauraLyall) January 3, 2017
It was expected that a date could be set Oland’s retrial today and Crown prosecutor Kathryn Gregory told the court that though they are going to be requesting leave to appeal from the Supreme Court of Canada, they were seeking the earliest available trial date and were ready to proceed in September of this year.
Defence lawyer Gary Miller said that it was a bit premature to set a trial date when there are matters going on in another court and that a September trial would be “completely unrealistic” and also pointed to disclosure issues that they have to deal with.
Dennis #Oland heads into SJ courthouse for 1st court appearance since bail hearing. Could learn new trial date today pic.twitter.com/ak1nPTR3CU
— Laura Lyall (@LauraLyall) January 3, 2017
Justice William Grant said that there was a “lot of uncertainty” right now around how things are going to unfold and made the decision to adjourn scheduling of Oland’s trial date until after the Crown learns and passes on the outcome of the leave application to the Supreme Court of Canada.
Outside the courthouse, Miller reiterated to the media that he thought setting a trial date was premature and said that they anticipate filing a cross-appeal.
“It’s almost like setting a game before you know the rules,” he said, and also spoke about the possible timeline given the legal matters. “So as a result, we suggested that on the month following the receipt of [the decision on leave application] we attend a motions day. If both applications for leave are declined we set a trial date at that motions date.”
As for whether we should expect a retrial this year:
“No. No you shouldn’t,” says Miller.
Oland’s conviction in the murder of his father, high-profile businessman Richard Oland of the family that owns Moosehead Breweries, was quashed and a new trial ordered by the New Brunswick Court of Appeal following an appeal.
