Chris Morris, The Canadian Press
Published Friday, 30 November 2018 12:45 EST
Last Updated Friday, 30 November 2018 1:41 PM EST
SAINT JOHN, N.B. – The multi-billionaire body, Richard Oland, attracted unwanted attention from some Saint John police officers who visited the scene just to look around, Dennis Oland's murder court was notified Friday.
"I firmly ordered them to leave my crime scene," Sergeant. Mark Smith said when he described finding two illegal officers near the body on the day it was found, July 7, 2011.
Smith is the officer in charge of collecting forensic evidence at the scene of a gruesome murder in Saint John's city headquarters Richard Oland, a 69-year-old businessman and former executive of Moosehead Breweries Ltd. who was beaten to death on July 6, 2011.
Photographs showing Oland lying near his desk, his skull destroyed by repeated blows from a weapon that were never found. There is a lot of blood that spreads around the top of the body.
Oland's only son, Dennis, 50, is on trial for second-degree murder. This is Oland's second trial – the jury's confidence in its first trial in 2015 was set aside to appeal.
Prosecutors have told the court that this was a "rampage" murder triggered by serious financial problems Dennis Oland. The defense said Dennis, who persistently defended his innocence, was a victim of a bad police investigation and was in a hurry to judge.
The two officers who angered Smith were Inspector Glen McCloskey, then Saint John's deputy police chief and now retired, and Const. Greg Oram. It was McCloskey's second visit to the scene that day and he admitted during the first trial that he was there on the second occasion only because of "curiosity."
McCloskey's behavior was the subject of a preliminary investigation by the New Brunswick Police Commission after other officers said the deputy chief wanted him not to recount a hearing about his presence at the scene. However, a more detailed investigation came to a halt after McCloskey retired.
Smith said the two officers left when he ordered them out.
The defense asked sharp questions from the police officers who gave testimony at the trial, indicating that there were due diligence failures in terms of preventing contamination of the crime scene, and failure to properly check areas such as the possible exit and restroom offices.
Smith was not cross-examined by defense lawyers on Friday. He will stand again later.
Two other police officers stood on Friday, Const. Rob Carlisle and Const. Don Weber, described the work they did during the Oland investigation under interrogation by Crown prosecutor P.J. Veniot.
Both were assigned to look for possible evidence, including anything that could be a murder weapon, and they also collected surveillance video footage from nearby businesses.
Carlisle said he was told to search for videos from the interior of the sidewalk starting July 6, 2011, mainly showing each individual wearing beige pants, about 5 feet 10 inches in height and wearing a dark blazer.
"There is no name mentioned," Carlisle told the court.
Dennis Oland was caught on camera on July 6, 2011, wearing beige pants and a brown jacket. He visited his father in the office that day and was the last person known to have seen Richard Oland alive.