Dennis Oland ordered to stand trial for 2nd-degree murder

Dennis Olandwill stand trial for second-degree murder in the death of his father, prominent New Brunswick businessman Richard Oland, more than three years ago, a judge has decided.

Provincial court Judge Ronald LeBlancdelivered thedecision inSaint John on Friday morning, following a preliminary inquiry that stretched out over sixmonths.

Oland, 46, who was surrounded by relatives and other supporters, showed no reaction to the decision. He stood, nodded solemnly, shook the hand of at least one supporter and then quietly left the crowded courtroom.

He is scheduled to be indicted andenter a plea in Court of Queen's Bench on Feb. 2. One of his defence lawyers previously indicated he would elect to be tried by judge and jury if ordered to stand trial.

In the meantime, Olandwill continue to live inthe community under the same conditions he was released on last year.

Several members of the Oland family were teary-eyed as they left the courtroom on Friday.

Family stands by accused

ConnieOland Dennis'smother and Richard'swidow Dennis's wife, LisaAndrik-Oland, and other family members issued a statement shortly after the court proceedings,maintaining his innocence.

"Throughout this ordeal, our faith in him continues to be absolutely unwavering," it said. "We are devastated that we will have to endure a trial but we know Dennis will be found innocent in an objective and fair process in a court of law."

The question of who is really responsible for Dick's death haunts us.We despair at the time that has been lost and worry the perpetrator of this terrible crime may now never be found and brought to justice.- Oland family statement

"The question of who is really responsible for Dick's death haunts us.We despair at the time that has been lost and worry the perpetrator of this terrible crime may now never be found and brought to justice."

The statement also expresses gratitude for the support the family has received throughout "this most difficult time."

His immediate familyhad also issued a statement following his arrest on Nov. 12, 2013.

"We know that he will be found innocent in an objective and fair process in a court of law," the statement from his mother, wife, and sisters LisaBustinandJacqueline Walsh said.

Derek Oland, Richard's brother, also issued a statement on Friday afternoon saying the family stands behind Dennis.

"The evidence and testimony presented during the preliminary inquiry willnow be examined at trial where we will wait for the judicial process to run its course."

Thefamily won't be offering any further comments, the statement said.

Dennis Oland's extended family hasstood by him from the beginning. When he was arrested last year, Derek Oland issued a statement saying the family believed Saint John police had the wrong suspect.

"This situation truly is a tragedy for all of us who are part of the Oland family, and we are striving to understand and deal with the many implications," the statement said.

"We will rely on the court of law, believing in the judicial process. We believe our nephew and cousin Dennis is, in fact, innocent and we will support him and his family members through the course of whatever legal actions unfold."

Publication ban on evidence continues

Gary Miller, one ofOland's defence lawyers, said they are disappointed with the judge's decision.

"But plain and simply we remain very confident that Dennis will be vindicated at trial," he told reporters outside the Saint John Law Courts building.

Miller said the threshold the Crown has to meet at this stage of the proceedings is "incredibly low."

"I mean, I've been doing this 37 years and this is the first time I've ever contested a murder committal at a preliminary inquiry," he said.

Preliminary inquiries are designed to test the strength of the prosecution's case and determine whether there is enough evidence to proceed to trial.

Thetest before the judge, who was brought in fromBathurst,waswhether a properly instructed jury acting reasonably could return a guilty verdict on the evidence presented.

LeBlancspent about two hours going over the evidence in detail and listed six key points he believes are strong enough to send the case to trial, but that information remains subject to a publication ban.

He also commented that there "does not appear to be any motive proven that would establish Dennis Oland had a reason to kill his father."

However, LeBlancstressed thathis function in presiding over the preliminary inquirywas not to determine whether Olandis guilty, or whether a jury would likely convict him.

The judge also noted when faced withevidence where more than one inference can be drawn and withcompeting theories at the preliminary inquiry phase, he must consider the prosecution's case in the "best light" and decide in its favour.

Prosecutors declined to offer any comment outside the courtroom.

'Circumstantial facts'

During closing arguments last month, Crown prosecutor JohnHenheffersaid the prosecution's case was based ona "series of circumstantial facts" and forensic analysis which, when viewed in totality, the "reasonable and logical inference" is that DennisOlandis the assailant.

Defence lawyer Alan Gold countered there is no reasonable inference of guilt and suggested the entire investigation was flawed due to"tunnel vision" by the Saint John police force.

A publication ban on the evidence thatLeBlancordered on May 12 at the request of the defenceremains in place. It will only be lifted at the end of Oland's trial.

The court heard testimony from 42 witnesses, including police officers and medical experts during the preliminary inquiry, which lasted 37 days, spread out between May and November. Graphic photographs were also entered as exhibits.

Publication bans are common during preliminary inquiries to avoid prejudicing potential jurors.

RichardOland, 69, was found dead in hisinvestment firm office, Far End Corporation, on July 7, 2011.

His son, aninvestment adviser, was arrested more than two years later, on Nov. 12, 2013, and charged the following day.

He spentsix nights in jail before beingreleased on a $50,000 suretyand several conditions,including that he surrender his passport, and advise police of any change of address or any travel outside New Brunswick.

The other Crown prosecutors involved in the case arePatrick Wilbur and Derek Weaver.