Crown seeks to keep Oland homicide documents private
Prosecutors will argue today why search warrants connected to the Richard Oland homicide investigation should remain sealed for another six months.
Earlier this month, during a brief court appearance, a provincial court judge agreed to a temporary extension on a sealing order that was set to expire on June 15.
But Chief Judge R. Leslie Jackson said he felt it was "necessary" to have a "full and complete" hearing on the merits of keeping the documents sealed for an additional six months.
CBC News and the Saint John-based Telegraph-Journal will argue against the extension request.
The courts have ruled that warrants are normally public and should only be sealed by a judge in "extraordinary" cases, says lawyer David Coles, who is representing the media outlets.
He contends the search warrants, the information used to obtain them, and information about the items seized, should be made public to reassure citizens that the investigation is proper, that it's proceeding and that the rights of the people who were searched were protected.
Oland, a prominent Saint John businessman, was found dead in his uptown office on July 7.
Saint John Police confirmed the 69-year-old's death was a homicide and said he likely knew his killer. But almost a year later, no arrests have been made and few details about the investigation have been released.
Crown prosecutor John Henheffer plans to call one of the investigating officers to testify as to why the documents should remain sealed.
But Henheffer has advised the court he hopes to have Const. Stephen Davidson testify behind closed doors, in front of only the judge.
Prosecutors have previously argued the documents contain "hallmark" forensic evidence that only the person or persons responsible for Oland's death would know and releasing them could jeopardize the investigation.
Police searched the Rothesay home of Oland's son, Dennis Oland on July 14, a nearby wooded area by the Bill McGuire Community Centre on July 15, and a sailboat co-owned by Dennis Oland's wife, Lisa Oland, moored at the Royal Kennebeccasis Yacht Club in Saint John on July 21.
Details about other search warrants and a production order executed in the case are now under a publication ban.
The documents were sealed in July by provincial court Judge William McCarroll.
In December, CBC News and the Telegraph-Journal sought to have the documents released, but judge Jackson ordered they should remain sealed.
Jackson said he was satisfied releasing the documents could compromise the investigation, as well as the privacy of numerous persons because they contain intimate details about their lives.
He did, however, set a time limit of six months, which expired on June 15.
Based on case law, search warrants may only be sealed when the information they contain would:
Compromise the identity of a confidential informant.
Compromise the nature and extent of an ongoing investigation.
Endanger a person engaged in intelligence-gathering techniques and thereby prejudice future investigations in which similar techniques would be used.
Prejudice the interests of an innocent person.
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