Dennis Oland murder retrial focuses on forensic evidence

Forensic evidence was the focus of Dennis Oland's second-degree murder retrial Wednesday, with the head of the Saint John Police Force's specialized unit back on the witness stand.

Sgt. Mark Smithspent much of the morning detailing the painstaking process of collecting evidence from the body of Richard Oland, father of the accused,during the autopsy.

He and forensic Const. Dave MacDonaldwere at the Saint John Regional Hospital morgue for nearly 12 hours on July 8, 2011, the courtroom heard.

They used a special light that makesvarious compound fluoresce to search the victims's body for any trace of evidence, such as hair and fibres, and used packing-style tape to collect 31 items.

They seized hairs found between the fingers of both of Oland's hands, swabbed his palms and tookfingernail clippings to test for any DNA the killer might have left behind.

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They also collected hair and bloodsamples,carefully documenting each stepwith photographs and notes,labelling the exhibit bags and signing them, said Smith.

It's a "very slow," methodical process, whichleft no time for breaks, he said.

The officers then removedOland'sclothing, seizinghis sweater, shirt, pants,belt, socks, shoes, underwear and Rolex watch, and examined his naked body using theCrimeScope light again before the pathologist began the autopsy.

Richard Oland, 69, suffered 45 sharp- and blunt-force injuries to his head, neck and hands, Dr. AtherNaseemuddintestified on Tuesday.

The multimillionaire, who was found face down in a pool of blood in his office on the morning of July 7, 2011,would have survived only "minutes" after being attacked, he said.

No weapon was ever found.

A jury found Dennis Olandguilty of second-degree murder in December 2015, but the New Brunswick Court of Appeal overturned the convictionand ordered a new trial, citing an error in the trial judge's instructions to the jury.

Oland, 50,is being retried by judge-alone, without a jury.

Smith, who testified last Thursday and Friday about processing the bloody crime scene, was originally slated to be recalled on Tuesday afternoon, but lead Crown prosecutor P.J.Veniotadvised the court he was"seriously under the weather."

His testimony was scheduled to continue into Wednesday afternoon, but he had a few coughing fits in the morning and Veniotexpressed concerns keeping him on the standwould only exacerbate his condition.

The judge and defence agreed Smith should be excused andrecalled in the new year, once he has recovered.

No other witness was lined up for the afternoon, so court adjourned early and is scheduled to resume Thursday at 9:30 a.m. with testimony from a forensic toxicologist.

When Smith is recalled, he'sexpected todetail hisexamination of the accused's car and other belongings for any blood evidence linking him tohis father's homicide.

Oland drove hisVolkswagen Golf City to and from his father's office at 52 Canterbury St., on the evening of July 6, 2011, when he became the last known person to see him alive.

The Crown has said the brown sports jacket DennisOlandwore when he visited his fatherthat night had four areas of blood on it and DNA matching his father's profile.

On Tuesday, the defence advanced its theory the "killer or killers" would have been covered in blood.

"This was a very bloodysituation in terms of how thedeceasedmet his death?" defence lawyer Michael Lacy asked the pathologist.

"Iwould agree," repliedNaseemuddin.

Lacy suggested whoever perpetrated the beating likely would have had a "substantial" amount of blood on the "weapon, weapons, on themand on their clothing."

But before Naseemuddincould reply, Crown prosecutor Jill Kneeobjected, arguing thatwas outside the pathologist's area of expertise, which is the cause, manner and mechanism of death not blood spatter on an assailant.

Lacy took a different tack. He asked whether Naseemuddinwould have expected there to be significant blood from the wounds. "I would think, yes," the pathologist replied.

Lacy also askedNaseemuddin whether the crime scene photos showed significant blood pooled around the body and spatter. "Yes, I did see that."

The retrial, which began on Nov. 21, is expected to last four months.