Scheduling of Dennis Oland's new 2nd-degree murder trial pushed back another month

Scheduling of Dennis Oland'snew second-degree murder trial in the 2011 bludgeoning death of his father, multimillionaire Richard Oland,has been pushed backby another month, according to the court clerk.

A date for Oland'sretrial was tentatively scheduled to be set in Saint John's Court of Queen's Bench on Aug. 8, butthe defence requested it be set over until the next motions day, on Sept. 5.

"Preparation for trial is still in progress on both sides and neither Crown nor defence are ready to schedule dates yet," defence lawyer Alan Gold told CBC News.

Prosecutors could not immediately be reached for comment, but court clerk Amanda Evans confirmed no trial dates will be discussed until at least Sept. 5.

The lawyers will still make a brief court appearance on Aug. 8 at 9:30 a.m. to put on record their request to set the matter over, she said.

The retrial, ordered by the New Brunswick Court of Appealwhen it overturnedOland'sconviction last fall, is expected to lastup to 65 days, according to court documents.

That's the same length of time that was set aside for his first jury trial in 2015 one of the longest criminal trials in New Brunswick history.

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Some judges, lawyers and legal experts previously suggested the retrial could be shorter.The parties might be able to reach agreed statements of fact, for example, and avoid calling some witnesses.

"The trial could be shorter but it may not," LucLabont, assistant deputyattorney general andhead of the public prosecutions branch, said in an email. "Accordingly, we are preparing as we did previously."

The 65-day stretch does not include any pre-trial conferences or pre-trial hearings that may be required, or time necessary for jury selection.

The total cost ofOland'sfirst trial has never been disclosed.

Jury fees and expenses alone, however,totalled more than $205,000, a right-to-information request filed by CBC News withthe Department of Justice showed.

Fredericton judge to hear case

The retrial is expected to be heldin 2018with Justice Terrence Morrison, of Fredericton, presiding.

Only two of the three Crown prosecutors who handled the first trial, retired prosecutor Paul VeniotandDerek Weaver, are listed to handle the retrial.

"We anticipate having a third prosecutor," saidLabont. "We have not decided who that person will be."

Patrick Wilbur was the third prosecutor at the original trial, which lasted about 50 days between September and December 2015.

"We have our own internal operational issues to replace Patrick Wilbur," Labont said. "It is not unusual or uncommon to have different counsel on a retrial," he added.

Veniot, the former senior regional Crown prosecutor for northeastern New Brunswick, took over as lead prosecutor of the first trial just weeks before it started.

The original lead prosecutor, John Henheffer,had to step aside for personal health reasons. Henhefferhas since retired.

Same defence team

Oland, 49,will have the same defence teamGold, of Toronto, Gary Miller, of Fredericton, and James McConnell, of Saint John, according to the court docket.

The scheduling of the retrial was previously postponed by about six months while the Office of the Attorney General and the defence both sought to havethe overturning ofOland'sconviction reviewed by the country's highest court.

Prosecutors hoped to have the jury's guilty verdict reinstated, and the defence sought an acquittal instead of a retrial.

The Supreme Court of Canada dismissed both requestslast month. No reasons were given.

The New Brunswick Court of Appeal quashed Oland's conviction on Oct. 24, 2016, and ordered a new trial, citing a problem with the trial judge's instructions to the jury.Oland was released on bail the following day, pending his new trial.

New BrunswickCourt of AppealChief Justice Ernest Drapeaupreviously said he expects a second trial would be "considerably shorter" than the first, "given the work done as well as the experience and knowledge acquired by the police, counsel and the judiciary, and bearing in mind this court's unqualified endorsement of the trial judge's evidential rulings that were contested on appeal."

Gold has also said he "wouldn't be surprised" if the new trial is shorter.

"New trials generally are," he said.

Prosecutors, meanwhile, are"hoping" some of the previous rulings in the case will help shorten the amount of time required, Labonthas said.

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.

DennisOland'sextended family has maintained his innocence from the beginning.