Supreme Court edges closer to decision on Dennis Oland murder review

The decision of whether the Supreme Court of Canada will review Dennis Oland's second-degree murder case is now in the hands of three justices.

All materials filed by both the Crown and defence for their respective requests for leave to appeal to the country's highest court have been submitted to justices Michael Moldaver, Suzanne Cot and Malcolm Rowe for their consideration.

Prosecutors are seeking to have Oland'sconviction in the2011 bludgeoning death of his multimillionaire father Richard Olandin Saint John reinstated.

In a cross-appeal, thedefence isseekingan acquittal instead of theretrial ordered by the New Brunswick Court of Appeal last October, when it overturned Oland's conviction, citing an error in the judge's instructions to the jury.

The Supreme Court is not obligated to hear either matter. Itreceives about 600 applications for leave to appealeach year and only about 80 are granted thoseit deemsof national importance.

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Prosecutors and the defence also facean additional hurdle. Theyfiled their paperwork late, but had previously made a joint request to extend the deadlines because they were waiting for the appeal court's written decision.

The court has not yet agreed to that extension.

No timeline for extension

There is no set timeline for the three justicesto decide on the extension, or whetherthe court will agree to hear thematters. ButOlandfamily lawyer Bill Teedsaid he anticipates a decision in June or July.

If the justices grant the requests, a hearing will be scheduled. If they deny the requests, the case will proceed to a second trial, likely in 2018.

Oland, 49, remains free on bail under conditions pending a new trial.

Thebody of Richard Oland, 69, was discovered lying face-down in a pool of blood in hisoffice on July 7, 2011. He had suffered 45 blows to his head,neck and hands. No weapon was ever found.

His son was the last known person to see him alive, during his visit tothe elderOland'soffice the night before.

Dennis Oland's extended family has maintained his innocence from the beginning.