Oland's defense will not present the mistress of the victim nor her husband as suspects

Dennis Oland's defense team will not present Richard Oland's mistress or her husband, now separated from the list, as possible suspects in her murderous badbadination in 2011, the new murder trial announced on Tuesday.

The defense will not claim that the investigation of the Saint John Police Department on Diana Sedlacek's husband, Jiri Sedlacek, was inadequate either, said lawyer Michael Lacy at the Court of Queen's Bench .

He made these statements in opposition to what the Crown calls Jiri Sedlacek as a witness.

Sedlacek testified at the first Oland trial in 2015 and faces a rigorous cross-examination by the defense.

But Lacy pleaded against recalling him for Oland's new trial on a charge of second degree murder.

"We are of the opinion that his testimony is irrelevant … and has no probative value," Lacy told judge Terrence Morrison.

The judge deliberated for about an hour before accepting and declaring Sedlacek's testimony inadmissible.

Oland, 50, was retried for the death of his father after the Court of Appeal overturned his 2015 conviction, citing an error in the trial judge's instructions to the jury.

He is the last known person to have seen his multimillionaire father alive when he has visited him at his office the 6th of July, 2011 around 17:35

The body of this 69-year-old man was found in the office the next morning, injured in the head, neck and hands by 45 blunt and blunt force points.

The new trial is scheduled to resume Wednesday at 9:30 am with the testimony of an unidentified Crown witness, followed by videotaped testimony from a video forensic badyst of the first trial.

Dennis Oland has maintained his innocence since the beginning and members of his extended family have supported him. (CBC)

On Tuesday, Crown Attorney, P.J. Veniot, had argued that it was important that the court hear Jiri Sedlacek, because to convict Dennis Oland, the judge must be convinced beyond a reasonable doubt.

"Who more would have a motive than a husbands husband?" said Veniot.

To allow Sedlacek to testify would give the court an opportunity to hear him say, "It was not me, I was not there, I did not do it" said the prosecutor.

This would also question the defense's allegation that the police would have the vision of a tunnel focusing on Oland as a suspect a few hours later, said Veniot.

Sedlacek said during the first trial that he had nothing to do with the death of Richard Oland and that he was made aware of his wife's case about 15 months later, when his lawyer reported on the subject in the media.

He admitted that he would have been "very upset" had he known that his 24-year-old wife was cheating on him, but insisted he did not suspect anything.

Richard Oland, 69, was found dead in his Saint John office on July 7, 2011. (Canadian Yachting Association)

Sedlacek, who retired in 1988 as director of corporate planning at Bata Shoes and who was about 84 at the time of the homicide, was interviewed twice by Saint police. John and was declared suspect.

Defense attorney Alan Gold pointed out in the first trial that the police had never asked to see Sedlacek's bank or telephone records or the GPS of his car.

On Tuesday, Morrison said that if Oland were tried by a judge and a jury, he could "be tempted for a non-jurist jury to indulge in the abusive speculation that [Sedlacek] would have been involved in the homicide ".

But he stressed that he only heard the case and that he had seen no evidence implicating either of the Sedlacek in the killing of Oland.

Lacy badured the court that the defense had no intention of making either of the Sedlacek a possible suspect.

In rendering his decision, Morrison stated that if the defense later tried in the course of the trial to present such evidence or to invite the court to make such findings, the Crown could file a motion to appeal the rebuttal evidence. .

Mistress never questioned by the defense

Diana Sedlacek also did not speak at the new trial.

The defense has nothing against the fact that the Crown videotaped Tuesday its testimony of the first Oland trial in 2015 instead of summoning it again.

His lawyers did not cross-examine him Sedlacek at the first trial – a decision that surprised many observers in the crowded audience room at the time, as she is a key witness in the Crown case.

Diana Sedlacek had previously stated in her testimony that she had had a "romance relationship" with Richard Oland for several years before he was killed. (CBC)

Prosecutors use a series of text messages and phone calls between couples to establish a timeline indicating when Richard Oland was killed.

The Crown argues that it was around 6:30 pm, shortly before the accused left his father's office. The defense, however, suggests that it was shortly after 7:30 pm, when Anthony Shaw told the police that he had heard muffled noises coming from the office. Dennis Oland was captured on a security video about this time, shopping with his wife in Rothesay, about 15 minutes away.

The impatience has turned into panic

Richard Oland and Diana Sedlacek had exchanged several messages earlier in the day, mainly about a trip plan together in Portland, Maine, the hearing room heard.

They had been in a "romantic relationship" for about eight years, Sedlacek said.

At 18:44, his text, "U there ??" remained unanswered She tried to call him, and then texted again at 19:19. "You turned off your phone !! Why !!!!!! ??????"

She thought that he had turned off his phone because the message had gone directly to voicemail, she testified.

Mobile phone records will indicate later that this text is the latest communication received by Richard Oland's mobile phone. He jumped from a cell tower to Rothesay, near Renforth Wharf, where Dennis Oland told the police that he had stopped on his way home after visiting his father .

On June 26, 2011, Diana Sedlacek texted Richard Oland, "Look at me every day" and ask him to send him a selfie. (Exhibit)

"I [have] many men who would like 2B with me !!!!!! Stop that [expletive] around! And answer that bading phone! I [will] call home, "Sedlacek wrote, referring to the Rothesay home that Oland had shared with his wife, Constance.

The next morning, while Sedlacek still could not reach Oland, her impatience turned into panic, she said. She was "texting, calling, praying."

When she saw the police outside her office and her car had been towed, she felt that something awful had had to happen, but she did not know what. She thought that he might have had a heart attack, she said.

When police questioned Dennis Oland later that day, he suggested that Sedlacek might have reasons to hurt his father.

"The only person who comes to my mind is this supposed girlfriend, because she really seemed to be a job." Looks like she's calling the Dragon Lady. she is … someone who, in your opinion, could be that person of the type Fatal Attraction. "

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