For the second day in a row, Dennis Oland's second-degree murder trial has heard new evidence not heard in his first trial.
The trial heard Wednesday about what former Saint John Coun. Gerry Lowe may have seen the night Richard Oland was murdered.
A surveillance video shows Lowe entering Thandi's restaurant the evening of July 6, 2011.
About an hour later, he is seen leaving the premises. The restaurant is across the street from the building where Richard Oland was murdered.
A photo, taken the same evening, shows the view across the street, from inside the restaurant.
Lowe told police that while he was in the restaurant, he saw someone leaving the building.
Retired Const. Keith Copeland testified Wednesday that he took a statement from Lowe on the matter.
Defence lawyer Michael Lacy asked Copeland: “Isn't it obvious that if it turned out someone had witnessed someone leaving 52 Cantebury St. on the evening of July 6, then Dennis Oland would not be the last person to see Richard Oland alive?"
Lacy suggested that Lowe's sighting might disrupt the police timeline of Richard Oland's murder.
At about the same time, Richard Oland's son, Dennis Oland, was captured on video in another location, shopping at a market in Rothesay.
But Copeland responded that the timing of what Lowe saw was not his priority:
“I was only interested in the description of the person he saw,” Copeland told the court.
So far, the Crown has not indicated whether Lowe will be called to testify at the trial. He was not called to testify at the original murder trial.
Copeland was also involved in numerous searches, including some on Dennis Oland's property.
Copeland says Oland was a murder suspect.
So the defence asked: “You felt the probability of finding items, if they were there, was high?”
Copeland responded: “Yes, I did.”
Copeland says a murder weapon and Richard Oland's missing cellphone were among the police targets, but neither was found.
Also on Wednesday, there was update on the timing of the retrial.
The lawyers estimated that they will probably finish presenting evidence in mid-March.
About a month later, they will make their final arguments to the judge, and then the judge will take at least a month to consider a verdict.
It’s likely the verdict won't happen until late May or June.
With files from CTV Atlantic’s Mike Cameron.
Editor's note: CTV erroneously reported in an earlier version that Gerry Lowe testified during that trial. CTV regrets the error.