Court File No: Z?lto IN THE COURT OF APPEAL OF NEW BRUNSWICK BETWEEN: DENNIS JAMES OLAND APPELLANT -and? HER MAJESTY THE QUEEN RESPONDENT AFFIDAVIT I, Constance Oland, of the Town of Rothesay, in the County of Kings and the Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: 1. I am the mother of Dennis Oland (hereinafter referred to as ?my son?), the applicant in this matter, and as such have personal knowledge of the matters deposed to herein except where otherwise stated, and where so stated I do verily believe the same to be true. 2. I reside at 5 Almon Lane, Rothesay, New Brunswick, which is approximately a 5-minute walk from my' son?s home at 58 Gondola Point Road, Rothesay, New Brunswick. i own unencumbered assets having a value of at least $1,000,000.00. I am prepared to act as surety on behalf of my son in such amount as this Honorable Court deems appropriate. am aware of the responsibilities of being a surety and the potential for forfeiture, should my son fail to comply with the conditions of his release. I have attended almost every day of all of the court hearings in this matter including the preliminary inquiry, the judicial interim release hearing in the Court of Queen's Bench of New Brunswick, vor'r dires, pre-trial conferences and the trial. support my son?s application for a bail review. If my son is granted judicial interim release, I believe that he would fully comply with any conditions attached to his release. I further believe that my son respects me and would not do anything to jeopardize my trust in him. In the event that I learn that my son has failed to comply with any of the conditions of his release, I will contact the Saint John Police Force and advise them accordingly. am not currently acting as surety for anyone and have never done so before for anyone although I offered to act as my son's surety at his judicial interim release hearing in this matter in the Court of Queen's Bench. 9. make this affidavit in support of my son?s application for an Order for judicial interim release pending his appeal and for no improper purpose. SWORN T0 at the Town of Fiothesay in the County of Kings and Province of New Brunswick this 13th day of January, 2016. BEFORE ME: Am?mxh . 23W A Commissioner of Oaths, cori's'TANCE OLAND Being a Solicitor Court File No: 2? IN THE COURT OF APPEAL OF NEW BRUNSWICK BETWEEN: DENNIS JAMES OLAND APPELLANT -and~ HER MAJESTY THE QUEEN RESPONDENT AFFIDAVIT I, Derek Oland, of New River Beach, in the County of Charlotte and the Province of New Brunswick, MAKE OATH AND SAY AS FOLLOWS: l. I am the uncle of Dennis Oland, the applicant in this matter, and as such have personal knowledge of the matters deposed to herein except where othenNise stated, and where so stated I do verily believe the same to be true. I am the executive chairman of Moosehead Breweries Limited. I have known Dennis Oland since he was born in 1968 and I have a good relationship with him. I live at 20 Knights Lane, New River Beach, New Brunswick, which is approximately a 45 minute drive from Dennis Oland?s residence at 58 Gondola Point Road, Bothesay, New Brunswick. i own unencumbered assets having a value of at least $1,000,000.00. I am prepared to act as surety on behalf of Dennis Oland in such amount as this Honorable Court deems appropriate. I am aware of the responsibilities of being a surety and the potential for forfeiture, should Dennis Oland fail to comply with the conditions of his release. I and my wife, Jacqueline Oland, have attended all court appearances in this matter including the preliminary inquiry, the judicial interim release hearing in the Court of Queen?s Bench of New Brunswick (at which I testified), pretrial conferences, and the trial, except when other commitments made it impossible forus to do so. i support Dennis Oland?s application for judicial interim release pending his appeal. if Dennis Oland is granted judicial interim release, I believe that he would fully comply with any conditions attached to his release. I further believe that Dennis Oland respects me and would not do anything to jeopardize my trust in him. 9. tn the event that I learn that Dennis Oland has failed to comply with any of the conditions of his release, I will contact the Saint John Police Force and advise them accordingly. 10. 1 am not currently acting as surety for anyone and have never done so before for anyone with the exception of acting as a surety for Dennis Oland in the amount of $50,000 when he was released on a recognizance by the Court of Queen's Bench on November 18, 2013. 11. make this affidavit in support of Dennis Oland?s application for an Order for judicial interim release pending his appeal and for no improper purpose. SWORN T0 at the City of Saint John in the County of Saint John and Province of New Brunswick this 12th day of January, 2016. ORE ME: iwa A Commissiowf Oaths, Being a Solicitor II Derek-Crane! I vv Court File No: ?2'469 -CA IN THE COURT OF APPEAL OF NEW BRUNSWICK BETWEEN: DENNIS JAMES OLAND APPELLANT ~and- HER MAJESTY THE QUEEN RESPONDENT AFFIDAVIT I, Dennis James Oland, Saint John Regional Correction Centre, 930 Old Black River Road, Saint John, New Brunswick make oath and say as follows: 1. I am the Applicant in the within application for judicial interim release and as such have personal knowledge of the matters deposed to herein except where othenNise stated and where so stated I do verily believe such information to be true. 2. On December 19, 2015 was convicted of second degree murder in the death of my father, Richard Oland, which was alleged to have occurred on or about July 6, 2011, and I have been in custody since the date of my conviction. On July 7, 2011, I was questioned by members of the Saint John Police Department in connection with my father's death. During that interview, I was told by my interrogator, Constable Stephen Davidson, that he thought I was responsible for my father's homicide. On the evening of July 13, 2011, received a telephone call from Constable Sean Rocca of the Saint John Police Department asking me to attend at their offices forfurther questioning in relation to the death of my father, Richard Oland. I advised him that I would call my counsel and get back to him. Having consulted with my counsel, Gary A. Miller, I was advised by him, and do verily believe, that he called Constable Sean Rocca and advised him that he would attend with me the next morning at 10:00 am. at the Saint John Police Department offices. I attended the Saint John Police Department with my counsel at 10:00 am. on July 14, 2011, and, following a brief meeting with Constable Sean Fiocca and Constable Greg Oram, we returned to my residence at 58 Gondola Point Road, Rothesay, New Brunswick, where members of the Saint John Police Department were executing a search warrant at my residence, outbuildings, and grounds. 10. 11. 12. was arrested on November 12, 2013, and the next day I was charged with second degree murder of Richard Oland when appeared before the Provincial Court of New Brunswick. i am 47 years old, having been born on February 1968. have lived in Rothesay, New Brunswick all my life with the exception of attending university at the University of New Brunswick in Fredericton, New Brunswick, between 1986 and 1990, working in Toronto, Ontario, between 1991 and 1995, and my present period of incarceration. With the exception of the present conviction under appeal, I do not have a criminal record. I am advised by William Teed, and do verily believe, that on September 27, 2011, acting on behalf of my mother and sisters, he met with Police Chief Bill Reid to offer a reward on behalf of my family for anyone providing information leading to the arrest of my father's killer and that Chief Reid declined the offer telling him that it would be unethical for the Saint John Police Department to accept it from my family because they believed that I was the person responsible for the death of my father. Since the death of my father, and until my arrest on November 12, 2013, I traveled outside Canada to Bermuda, the United States and the Turks and Caicos on several occasions as set out as follows: . October 23-28, 2011, to Bermuda with my wife Lisa; . November 26-30, 2011, to New York City, New York, with my wife Lisa and my daughter Hannah; . March 22-30, 2012, to Houston, Texas, with my wife Lisa to pick up a truck and drive it home to Bothesay, New Brunswick; . May 6-11, 2012, drovelto Maryland and back with my wife Lisa with stops in Connecticut, New York, and Maine; . May 23?24, 2012, drove to Camden, Maine, to help a friend bring a boat back to Rothesay, New Brunswick; October 21?23, 2012, drove to Boston, Massachusetts, with my wife Lisa; . November 7?12, 2012, flew from Saint John to Florida with my daughter Emily; . December 28, 2012 - January 8, 2013 flew from Saint John to Orlando with my two children Henry and Hannah along with two of their friends and my step-son Andru Ferguson; February 23 - March 9,2013, famin trip to Turks and Caicos with ten other family members including my wife Lisa and our children, my mother, and my two sisters and their families; March 20-26, 2013, flew from Saint John, New Brunswick, to Washington, DC, and rented a car and drove to Oxford, Maryland to look at a boat and then drove to New York City, New York, to meet up with family members before returning to Bothesay, New Brunswick; 13. k. April 22-23, 2013, took my dog by car to Tufts University Veterinarian Hospital in Worcester, Massachusetts for treatment; May 8?10, 2013, took my dog by car back to Tufts University Veterinarian Hospital in Worcester, Massachusetts for further treatment; . July 12, 2013 flew to Baltimore, Maryland, to pick up a boat and sailed it back to Rothesay, New Brunswick; October 27- 30, 2013, took my dog by car back to Tufts University Worcester, Veterinarian Hospital in Massachusetts for further treatment. Following my arrest on November 12, 2013, I remained in custody until November 18, 2013, when was released on judicial interim release by Mr. Justice McLellan on a recognizance with my uncle, Derek Oland, acting as surety in the amount of $50,000. The conditions of this recognizance were as follows: a. To attend Provincial Court on November 19, 2013 at 9:30 am. and thereafter as and when directed by the Court; Surrender your passport to the Saint John City Police, 1 Peel Plaza, Saint John, NB forthwith; To reside at 58 Gondola Point, Rothesay, . Contact Saint John City Police, Major Crime Unit, at 506- 648-3211, of any change in address prior to any change in address; Advise the Saint John City Police, Major Crime Unit, at 506? 648?321 1, prior to any travel outside New Brunswick; 14. 15. 16. 17. f. Keep the peace and be of good behaviour. During my judicial interim release between November 18, 2013, and December 19, 2015, complied with all of the conditions of my release set out in the recognizance described in the preceding paragraph. My mother is Constance Oland who resides at 5 Almon Lane, Rothesay, New Brunswick, and has done so for 47 years. I am advised by my counsel, Gary A. Miller, that he has spoken to my mother and was advised by her that she has agreed to be a surety for me if i am released pending my appeal. Gary A. Miller has also advised me that-he will be filing an affidavit from my mother to this effect in support of my application for judicial interim release. I am advised by my counsel, Gary A. Miller, that he has spoken to my uncle, Derek Oland, and was advised by him that he has also agreed to be a surety for me if I am released pending my appeal. Gary A. Miller has also advised me that he will be filing an affidavit from my uncle to this effect in support of my application for judicial interim release. I fully understand that if I fail to comply with any of the conditions which this Court may impose on me if I were to be granted judicial interim release pending my appeal, my mother and uncle would be at risk of forfeiture of any amount pledged on my behalf. I have a 18. 19. 20. 21. great deal of love and respect for my mother and am grateful for her offer to assist me and I would not do anything to jeopardize her trust or financial security. Similarly, have a great deal of respect for my uncle, Derek Oland, and would not do anything to jeepardize his trust or financial security. I have a step-son, Andru, 22, and three children, Emily, 19, Hannah, 17, and Henry, 15. have been separated from my children?s mother Lesley Oland (nee Phinney) since September, 2007, and we have shared joint custody of our children since that date up to my incarceration on December 19, 2015. If this Honorable Court were to release me pending my appeal, I would keep the peace and be of good behavior and comply with whatever reasonable conditions this Honourable Court may impose including those which were imposed on me by the Court of Queen's Bench as set out in paragraph 13 above. Prior to my incarceration on December 19, 2015, I acted as a director of Far End Corporation, 635255 N.B. Ltd. and Kingshurst Estates Ltd. If I am released from custody pending my appeal i would continue to so act. If I am released from custody pending my appeal I would propose to reside at my family home, owned by me and my wife, Lisa Oland, at 58 Gondola Point Road, Rothesay, New Brunswick. 22. make this affidavit in connection with an application for an Order forjudicial interim release pending my appeal and for no improper purpose. SWORN TO before me at Saint John in the Province of New Brunswick, this 12?h day of January, 2016. A COMMISSIO ER OF OATHS A 8 OR U. @Maao Dennis James Oland