Dennis Oland's Supreme Court bail appeal expected to proceed even if moot point

DennisOland'sbail appeal to the Supreme Court of Canada is expected to proceed on Oct. 31, even if a decision from the New Brunswick Court of Appeal on his second-degree murder conviction makes the hearinga moot point for him.

The provincial Court of Appeal is tentatively scheduled to ruleMonday onwhether it will overturn Oland'smurder conviction in the 2011 death of his father, New Brunswick multimillionaire Richard Oland.

But the country's highest court will still want to hear his bail appeal, saidToronto lawyer Christopher Hicks, who specializes in murder cases and has been following the Olandfile closely.

"They gave leave to it (agreed to hear it)and they're not going to change their minds because of whatever happens to Dennis Olandin the Court of Appeal," said Hicks.

"This is an issue of national importance for them They want to hear it argued," he said.

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The Supreme Courtreceives about 600 applications for leave to appealeach year. Only about 80 are granted.

"It's an area of law the Supreme Court of Canada has never dealt withbefore bail pending appeal, and they want to set down some guidelines," said Hicks.

The Supreme Court has also granted intervener status to the attorneys general ofOntario, British Columbia and Alberta and the Criminal Lawyers' Association (Ontario) on the matter.

Alan Gold, one of Oland'sthree defence lawyers, confirmed in an email to CBC News he still plans to attend the bail appealhearing. Gold once won three Supreme Court cases in a single year.

Oland, 48, has been seeking release pending the outcome of his conviction appeal sinceFeb. 12, the day after he was sentencedto life in prison with no chance of parole for at least 10 years.

His lawyers, Gold, Gary Miller and James McConnell, applied to the Supreme Court of Canada after he was twice denied bail by the New Brunswick Court of Appeal.

No one convicted of murder in New Brunswick has ever been granted bail beforeand there have only been 34 such cases across Canada, according to the defence.

Oland's lawyers stated in their application that Olandwas a "model candidate" for interim release and his case could "provide clear guidance" on when bail may be granted pending appeal."At present,there is surprisingly no consensus," they wrote.

Could undermine public's confidence

On Feb. 17, Court of AppealJustice J.C. Marc Richard rejectedOland'sbail request, ruling "theconfidence of the public in the administration of justice would be undermined" if a convicted murderer were to be released pending appeal.

A three-justice panel that includedChief Justice ErnestDrapeauupheld that decision.Drapeausaid he was "duty bound" to do so, but remarkedOland'sgrounds of appeal of his conviction "appear to be serious."

Olandhas been in custody since Dec. 19, when ajury found him guiltyfollowing a three-month trial in Saint John's Court of Queen's Bench.Thejury reached its verdict after roughly 30 hours of deliberations over four days.

Oland'sdefence lawyers contend the verdict was "unreasonable" in the circumstantial case, that the trial judge made errors in his instructions to the jury and errorsin allowing some pieces of evidence to be admitted, including Oland's blood-stained brown sports jacket.

They are seeking to have the Court of Appeal quashthe conviction, and either enter an acquittalor order a new trial.

Chief Justice Ernest Drapeau, Margaret Larlee and Kathleen Quigghopeto deliver their decisionon Monday at 11 a.m. AT., Drapeau said on Thursday, following a three-day hearing in Fredericton.

Appeal panel 'struggling'

They are "struggling" with the "difficult issue" ofOland's"post-offence conduct,"referring to his incorrect statement to police about what jacket he was wearing when he visited his father the night he was killed, Drapeau said.

Olandsaid he was wearing a navy blazer on July 6, 2011, but video surveillance and witness testimony showed he was actually wearing a brown sports jacket, which was later found to have four small bloodstains on it and DNA matching his father's profile.

The Crown contends it was a "lie" intended to mislead police, but the defence maintain it was an "innocent mistake."

The body of Richard Oland, 69, was discovered lying face down in a pool of blood in his Saint John investment firm office on July 7, 2011. He had suffered 45 blows to his head neck and hands. No weapon was ever found.

His son, Dennis Oland, was the last known person to see him alive.

Oland's family has stood by him from the beginning, maintaining his innocence.