SAINT JOHN, N.B. -- Work has started on an appeal for Dennis Oland who was convicted on the weekend of second-degree murder in the death of his father, his lawyer said Monday.
Alan Gold said in an email that preparations were underway, but declined to provide details on when it will be filed.
"Obviously, we are all disappointed at this unexpected outcome and preparation has started for an appeal," he said.
The statement comes after a jury found Oland guilty Saturday of second-degree murder in the death of prominent New Brunswick businessman Richard Oland.
Dennis Oland sobbed uncontrollably as the jury read out the verdict in a Saint John courtroom. Family members cried and hugged each other, many appearing stunned by the verdict, which came after about 30 hours of deliberations.
Richard Oland's body was found face down in a pool of blood in his Saint John office on July 7, 2011. He had suffered 45 blunt and sharp force blows to his head, neck and hands, although no weapon was ever found.
Law professor Nicole O'Byrne said the likeliest grounds for an appeal would be either a potential error in the judge's charge to the jury or the admissibility of evidence used to build the case.
The University of New Brunswick expert said finding flaws in the jury charge is a possibility, but "will be an uphill battle" because the judge accepted submissions from the Crown and the defence.
She said the defence might also choose to challenge one of the pre-trial decisions on admissibility of evidence.
These include a June 10 ruling that allowed a brown jacket with three small blood stains on it to be admitted as crucial evidence. The jacket, worn by Dennis Oland, bore DNA that matched the profile of Richard Oland.
The defence had argued the Saint John police violated Dennis Oland's charter rights protecting against unreasonable seizure when they sent the jacket for forensic tests after the original search warrant had expired.
But Walsh ruled the charter didn't apply because the general warrant that led to the seizure was lawful and permitted the forensic tests.
"DNA analysis of the brown sports jacket was not obtained contrary to section 8 of the charter despite the lapsed general warrant," he wrote in his decision.
O'Byrne said the defence would need to show that Walsh was incorrect and that the charter rights were violated. She also said the defence also needs to demonstrate that admitting the evidence would bring "the administration of justice into disrepute."
The Olands are a prominent family in the history of the Maritimes, having founded Moosehead Breweries. Richard Oland left the family business in 1981.
During the trial, the Crown focused on possible issues of motive including Dennis Oland's financial difficulties and the knowledge his father was having an affair.
The defence pointed to video that showed Dennis Oland and his wife shopping later on the evening of July 6, 2011, when people working below Richard Oland's office say they believe they heard the sounds of the murder.
Todd Veinotte, a veteran broadcaster in the city who produces a weekly podcast, says many people in the city are shocked by the verdict and continue to discuss it in coffee shops and at kitchen tables.
"This is as big a news story as the City of Saint John will ever have. ... I could see a made-for-TV movie coming out of this. It has all the elements that will keep tongues wagging for some time," he said.
A conviction for second-degree murder carries a life sentence with a range of parole eligibility set between 10 and 25 years.
All 12 jurors have recommended that Oland have no chance of parole for 10 years, however the final decision rests with Walsh.
Sentencing arguments are set for Feb. 11.
