2 inmates accused of assaulting Dennis Oland in prison seek legal aid

Two violent offenders charged with assaulting Dennis Olandin a New Brunswick prison last summer have had their cases adjourned again while they continue to seek legal aid.

Cody Alexander Muise, 27,and Aaron Marriott, 26, both appeared in Miramichi provincial court on Thursday afternoon via video conference but did not elect how they wish to be tried or enter any pleas.

They are scheduled to return to court on March 9 at 1:30 p.m.

Muise and Marriott areaccused of assaulting Oland at the Atlantic Institution in Renous on July 31.

Oland, 48, spent about 10 months in custody after a jury found him guilty in December 2015 of second-degree murder in the 2011 bludgeoning death of his father, Saint John multimillionaire Richard Oland.

We just want tomake it abundantly clear that he has not been involved in any way, shape or form withrespectto the laying of charges against these twoindividuals.- Bill Teed, Oland family lawyer

He was released on bail under conditions on Oct. 25,after the New BrunswickCourt of Appeal overturnedhis conviction and ordered a new trial, citing an error in the trial judge's instructions to the jury.

Oland played no role in the assault charges being laid,Olandfamily lawyer Bill Teed told CBC News.

"I just want tomake it very clear on behalf of DennisOlandthat Dennis at no time has laid any complaint withrespect to any alleged assault," said Teed.

• 2 violent offenders charged with assaulting Dennis Oland in prison

"He has not been involved in any investigation of any alleged assault, and he has not had any discussions with the Crown prosecutor's office with respect to the laying of any charges with respect to an alleged assault."

"There's beensomeinference drawn by some that he has, and we just want tomake it abundantly clear that he has not been involved in any way, shape or form withrespectto the laying of chargesagainstthese twoindividuals."

No details about the alleged assault have been released, and Teed declined to comment.

Because the alleged assault occurred at a maximum security prison, the Crown is proceeding by way of indictment, rather than the lesser summary offence of assault.

Indictable assault carries a maximum sentence of five years in prison.

The RCMP northeast district laid the charges. Muise and Marriott both previously appeared in court via video conference on Jan. 12.

Muiseis serving a life sentence for first-degree murder in a 2010 shooting death in Spryfield, N.S.

Marriott is serving a 15-year sentence for attempted murder in connection with ashooting outside the IWK children's hospital inHalifax in2008.

According to the prison's website, the Atlantic Institution in Renous "accommodates all maximum-security offenders in the Atlantic region [who] cannot be managed in any other facility."

Crown prosecutors are seeking leave to appeal Oland'smurder conviction being overturnedto the Supreme Court of Canada, andOland's defence team plans to cross-appeal, seeking an acquittal instead of a retrial.

The Supreme Court is not obligated to hear the matter. It receives about 600 applications for leave to appealeach year. Only about 80 are granted. There is no deadline for a decision.

If a new murder trial goes ahead, it is not expected to be heard until 2018.