Dennis Oland's defence lawyers plan to appeal a judge's decision to deny him bail while he appeals his second-degree murder conviction in the 2011 slaying of his father, New Brunswick multimillionare Richard Oland.
Alan Gold confirmed the defence team is in the process of preparing an application to New Brunswick Chief Justice Ernest Drapeau.
On Wednesday, Court of Appeal Justice J.C. Marc Richard ruled releasing Oland until his appeal is heard would undermine the public's confidence in the criminal justice system.
No one convicted of murder has ever been granted bail in New Brunswick, and there have only been 21 such cases across Canada.
Richard had mentioned during the bail hearing in Fredericton his decision would be subject to review.
Under the Criminal Code, a bail decision made by an appeal court judge "may, on the direction of the chief justice or acting chief justice of the court of appeal, be reviewed by that court and that court may, if it does not confirm the decision:
- Vary the decision, or
- Substitute such other decision, as in its opinion, should have been made."
Oland, 48, is serving a life sentence, with no chance of parole for at least 10 years for the bludgeoning death of his father.
A date for his appeal hearing has not yet been set, but the Crown has said it probably won't be until at least October because a transcript of his three-month-long trial has to be prepared first.
Oland was found guilty by a jury in Saint John's Court of Queen's Bench on Dec. 19 following 30 hours of deliberations over the course of four days.
The defence contends it was an "unreasonable verdict." They argue the trial judge erred in allowing certain evidence, such as Oland's blood-stained jacket, to be admitted, and in his instructions to the jury.
Hear more about the Oland case on the fifth estate's Murder in the Family, Friday at 9 p.m. AT on CBC-TV.
They are seeking to have the conviction quashed, and either an acquittal entered or a retrial ordered.
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 weapon was ever found.
His only son was the last known person to see him alive during a meeting at his office the night before.