Dennis Oland defence challenges conduct, credibility of forensics officer
The conduct and credibility of the head of the Saint John Police Force's forensic identification section came under fire Thursday at Dennis Oland's murder retrial.
Defence lawyer Michael Lacy challenged Sgt. Mark Smith's actions during the Richard Oland homicide investigation and his previous testimony.
He pointed out, for example, that Smith spent more time inspecting the accused's car for any possible evidence linking him to the death of his father than he did processing the bloody office where the victim's body was discovered on July 7, 2011.
He also questioned Smith's suggestion the investigation was slowed by RCMP forensic lab limits on the number of exhibits that could be sent for testing.
Oland, 50, is being retried for second-degree murder in the death of his father, who suffered 45 sharp- and blunt-force injuries.
Oland was the last known person to see the 69-year-old multimillionaire alive when he visited him at his investment firm office at 52 Canterbury St. on the evening of July 6, 2011.
A jury found him guilty in December 2015, but the New Brunswick Court of Appeal overturned his conviction and ordered a new trial, citing an error in the trial judge's instructions to the jury.
He is being tried by judge alone in Saint John's Court of Queen's Bench.
The defence had previously advised Justice Terrence Morrison that the quality of the police investigation would be a major issue at the retrial.
In pre-trial documents, the defence said it intended to argue "that the [Saint John Police Force's] investigation into the homicide of Richard Oland was inadequate and will also seek to impugn the conduct and credibility of various SJPF officers involved in the investigation."
Lacy's searing cross-examination is scheduled to continue into the afternoon.
It began Wednesday, when Smith admitted he could have done more to protect the Richard Oland homicide scene from possible contamination.
Smith agreed with Lacy that he didn't follow all best practices in processing the crime scene.
The trial will not sit on Monday, as previously scheduled, because of a storm expected to hit the region on Sunday.
Tuesday will be weather-dependent, the judge said. "We'll just have to see. Mother Nature is what it is."
If the court doesn't sit on Tuesday, the rest of the week might be cancelled, the courtroom heard. Lacy and his fellow Toronto-based defence lawyer Alan Gold both have a Supreme Court of Canada appearance in Ottawa on Friday and have to leave Saint John by Thursday afternoon.
Sitting for only a day and a half doesn't make much sense, suggested Gold.
The Crown and defence might be able to make up any lost time by working on reaching some agreed statements of fact, he said. Some witnesses might not have to be called or their questioning might be shortened.
The retrial, which began Nov. 21, is scheduled to last four months. It could be late May or June before a verdict is delivered.
