Dennis Oland's lawyers file bail appeal arguments to Supreme Court

Dennis Oland'smurder conviction was "a very close one" that could ultimatelybe deemedwrongfuland he should be released from custodypending his appeal, his lawyers argue in documents filed with the Supreme Court of Canada in their bid to have his bail denial overturned.

Oland'srelease would not undermine the public's confidence in the justice system and he poses no threat to the public safety, theycontend in the 48-page factum.

"Even if it can be argued the appellant's success on appeal is not virtually assured, a reasonable member of the publicwould appreciate that this case was a very close one, that the grounds being raised could well be successful, and that the defence position that a wrongful conviction of an innocent man has occurred may well turn out to be the case," thedocument states.

Thethoughtful, reasonable and informed member of the public would fully understand and appreciate the appropriateness of a decision to release the appellant.- Dennis Oland's defence lawyers

"Having regard to the actual circumstances of this case, thethoughtful, reasonable and informed member of the public would fully understand and appreciate the appropriateness of a decision to release the appellant,"Alan Gold, Gary Miller and James McConnell contend.

Oland, 48, has been seeking release since Feb. 12, the day after he was sentenced to life in prisonin the 2011 bludgeoning death of his father, Saint John multimillionaire businessman Richard Oland.

After twice being denied bail by the New Brunswick's highest court, the country's highest court is scheduled to hear Oland's bail appeal on Oct. 31.

Although the Supreme Court agreed to expedite the hearing, it is currently scheduled to be heard after the appeal of hissecond-degree murder conviction, currentlyslated for Oct. 18-21 in the Court of Appeal in Fredericton.

No one convicted of murder inNew Brunswick has ever been granted bail before and the defence found only 34 murder cases in Canadian legal historywhere bail has been granted pending appeal.

But Oland's lawyers contend he is a "model candidate" and that a temporary suspension of the sentence pending his appeal "is justified."

"In the absence of direct evidence, the jury had to consider different kinds of circumstantial evidence, including alleged after-the-fact conduct, forensic evidence, and disputed motive evidence, all of which have figuredprominently in successful appeals from murder convictions and an error in respect to any of which will necessitate a new trial," they note in their arguments, filed earlier this week.

"It is no way disrespects the institution of the criminal jury to recognize that not all jury verdicts are reasonable," they stress.

"Parliament has accepted a much and therefore specifically legislated unreasonable verdict as astatutoryground of appeal, recognizingthat the 'lens of judicial experience' must act as a check and balance to ensure that what 12laypersonsbelieved to be reasonable is not actually unreasonable when reviewed in the appellate context."

Opportunity to clarify legal test for bail

Oland's caseprovidesan opportunity for the Supreme Court to clarify the legal test for granting bail pending appeal, the defence lawyers state.

"The threshold test should operate as a triage, to separate out 'the obvious chaff,' so thatapplicants with potentially meritorious arguments receive a fulsome review that is proportionate to the liberty interests at stake."

Oland's mother, Constance (Connie) Oland, and his uncle Derek Oland, the executive chairman of Moosehead Breweries have each offered to post $200,000 in sureties if the Supreme Court agrees to grant him bail and he would abide by any conditions imposed, according to documents.

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New Brunswick Court of Appeal Justice J.C. Marc Richard refused to grant Oland bail in February, stating "the confidence of the public in the administration of justice would be undermined" if a convicted murderer were to be released pending appeal.

Richard's decision was upheld in April by a three-justice panel of the New Brunswick Court of Appeal, which includedChief Justice Ernest Drapeau.

DrapeauremarkedOland'sgrounds for appeal "appear to be serious," but said he was "duty bound" to uphold Richard's decision to deny him bail.

Oland iscurrently serving a life sentence at an undisclosed prisonwith no chance of parole for at least 10 years after being found guilty by a jury on Dec. 19, 2015, following a three-month trial in Saint John's Court of Queen's Bench.

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 sharp and blunt force injuries to his head, neck and hands. No murder weapon was ever found.

The Criminal Code of Canada allows bail to be granted, pending an appeal, if the appeal is not frivolous, the convict's detention isnot necessary in the public interest, and the convict agrees to surrender into custody at the appropriate time.

The Supreme Court of Canada receives about 600 applications for leave to appeal each year. Of those, only about 80 are granted.