A photo of the Saint John Law Courts. (Kevin Worrell / Acadia News)
The man whose former wife was having an affair with Richard Oland for eight years before his death will not be able to testify at Dennis Oland’s murder trial.
Justice Terrence Morrison made the ruling after a voir dire hearing on Tuesday afternoon.
Crown prosecutor PJ Veniot argued there is “probative value” in having Sedlacek testify and for the court to hear he was not involved in Richard’s death.
Veniot says the purpose of Sedlacek's testimony will be so he can testify he didn't commit the murder. If he doesn't testify, Veniot says, that question will always be there.
— Brad Perry (@BradMPerry) January 29, 2019
Veniot also said it would disprove the defence’s notion the police had “tunnel vision” when focusing on Dennis as the suspect.
But defence lawyer Michael Lacy argued they have never suggested there was a known alternative suspect who police failed to investigate.
Lacy suggested the Crown is trying to erect a “straw man third-party suspect” so they can argue he is not responsible for Richard’s death, and if not him, who else would have the potential motive.
He said the trial is not an “evidentiary free-for-all” and Sedlacek’s testimony would not be relevant or material to the case.
Justice Terrence Morrison says, at this point in the trial, there's no evidence he can see which implicates Diana or Jiri Sedlacek in Oland's murder.
— Brad Perry (@BradMPerry) January 29, 2019
In his ruling, Justice Morrison agreed Sedlacek’s testimony would not be relevant to the case.
Morrison said the defence does not intend to raise Jiri or Diana as possible suspects nor do they plan on attacking the police investigation of Jiri as a possible suspect.
Diana Sedlacek Video Testimony
On Tuesday morning, the court was shown video from when Diana Sedlacek testified at Oland’s first trial.
Sedlacek discussed the eight-year romantic relationship she had with Richard and focused on five pages of text messages sent between July 6, 2011 — the day he was allegedly murdered — and July 7, 2011.
Sedlacek says she never told her husband about the affair until after July 7,2011 when police showed up at their home.
— Kevin Worrell (@kevinhworrell) January 29, 2019
She said she had a back-and-forth text conversation with Richard about a trip they were planning to Portland, Maine, but after 6:44 p.m. on July 6, she never heard back, and after repeated attempts, she sent the word “pathetic” at 11:12 p.m.
The next morning, Sedlacek had a hair appointment and called Richard several times, but his phone went straight to voicemail.
After a few more texts, she saw police in front of his Canterbury Street office and his car being towed away, which was when she knew something had happened to him.
No cross examination questions were asked and Sedlacek left the stand.
— Kevin Worrell (@kevinhworrell) January 29, 2019
The trial is scheduled to resume at 9:30 a.m. Wednesday.
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