The defense team of Dennis Oland will not present the lover of Richard Oland or his now alien husband as possible alternative suspects on his death in 2011, the trial of the trial on Tuesday.
The defense will not argue that the investigation of the Police Force of Saint John on the husband of Diana Sedlacek, Jiri Sedlacek, was not appropriate either, said lawyer Michael Lacy to the Queen's Court of Bench.
He made the statements at the time of opposing the Crown by calling Jiri Sedlacek as a witness.
Sedlacek declared the first test of the year 2015 i he faced a rigorous cross examination for defense
But Lacy argued against recalling it because the Dutch regrouping process was covered by a second-degree murder.
"It is our position that its evidence is not relevant … and it has no probative value," Lacy told Justice Terrence Morrison.
The judge deliberated for about an hour before accepting and declaring the inadmissibility of the Sedlacek test.
Dutch 50-year-old is repeated for the death of his father after the Court of Appeal annulled his conviction of 2015, citing an error in the instructions of the judge of the jury trial.
He is the last person who knows he has seen his multimillionaire father live when he is He visited him at his office July 6, 2011 around 5:35 p.m.
The body of the 69-year-old boy found himself in the office on the next day with 45 sudden and strong wounds on the head, neck and hands.
The reintegration process is scheduled to resume Wednesday at 9:30 a.m. with the testimony of an unidentified Crown testimonial, followed by a video testimonial from a forensic video analyst from the first test.
On Tuesday, the prosecutor of the Crown P.J. Veniot had argued that it was important for the court to hear Jiri Sedlacek because to condemn Dennis Oland, the judge must be satisfied beyond a reasonable doubt.
"Who else would have a reason than a husband?" said Veniot.
Let the testimony of Sedlacek give the court the opportunity to hear: "It was not me, I was not there, I did not do it," said the prosecutor.
He would also reject the defense allegation that the police had a zero tunnel vision in Holland as a suspect in a matter of hours, said Veniot.
Sedlacek said in the first test that he had nothing to do with the death of Richard Oland and he only found out about his wife about fifteen months later, when his lawyer shared a report on him theme with him.
He admitted that he would have been "very upset" if he had known that his 24-year-old woman was cheating for him, but insisted he did not suspect anything.
Sedlacek, who retired in 1988 as the corporate planning director for Sabates Bata and was 84 years old at the time of homicide, was twice challenged by the Saint John police and discarded as a suspect
Advocate defender Alan Gold noted during the first test that the police never asked to see the records of the Sedlacek bank or phone or GPS for their car.
On Tuesday, Morrison said that if Oland was tried by a judge and a jury, "it may be tempting for the secular juror to engage in improper speculation that [Sedlacek] He would have been involved in homicide. "
But he stressed that he is listening to the case alone, and had not seen any evidence involving any of the murderers in Dutch.
Lacy assured the court that the defense had no intention of considering any of the possible alternative suspects of Sedlaceks.
In issuing his opinion, Morrison said that if the defense tried later in the trial to lead any such test or invite the court to make such an inference, the Crown may appeal to summon rejection tests.
Mistress never questioned for defense
Diana Sedlacek did not take any stand at the process again.
The defense had no problem with the Crown playing a video tape on Tuesday of his testimony of the first round of the year 2015 instead of calling him to re-testify.
His lawyers did not interrogate them Sedlacek in the first test – A decision that surprised many observers in the courtroom, as it is a key testimony in the case of the Crown.
Prosecutors use a series of text messages and telephone calls between the couple to establish a timeline of when Richard Oland was killed.
The Crown maintains that it was about 6:30 p.m., shortly before the defendant left the office of his father. The defense, however, suggests that at some time after 7:30 p.m., when Anthony Shaw told the police, he heard noises coming from the office. Dennis Oland was captured on video security around this time by shopping with his wife in Rothesay, about 15 minutes by car.
Impatience turned to panic
Richard Oland and Diana Sedlacek had exchanged several messages before that day, mainly in relation to a trip they were planning together In Portland, Maine, in the audience room.
They had been in a "romantic relationship" for about eight years, Sedlacek said.
At 6:44 p.m., his text, "U ahi"? no answer He tried to call him, and then he sent text again at 7:19 p.m. "You've turned off your phone! Why?!? ??????"
She believed that she had turned off the phone because she was going directly to the voicemail when she called, she testified.
Mobile phone records will show that the text was the latest communication received by Richard Oland's mobile phone. He escaped from a cell tower in Rothesay, near the Renforth pier, where Dennis Oland told the police that he had stopped when he went home to visit his father.
"I [have] Many men would love 2 b with me! Do not let it stop [expletive] around! And answer the damn phone! Me [will] call your house, "Sedlacek wrote, referring to the house of Rothesay, Holland shared with his wife, Constanza.
The next morning, when Sedlacek still could not reach Holland, his impatience turned to panic, he said. He was "sending text messages, calling, praying".
When he saw the police outside his office and his car was towed, he felt something horrible that had happened, but he did not know what. He thought he might have had an attack on his heart, he said.
When Dennis Oland was interrogated by the police later that day, he suggested that Sedlacek might have reason to hurt his father.
"The only person that comes to mind is this supposed girlfriend, because it really seemed to me to be a fun job. Just as Dragon Lady calls her. You know it's … someone who thinks she might be a person of Fatal Attraction type ".
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