"It was a great operation and we got one drug dealer off the street — a very significant drug dealer," police Chief Robert Bruce said.

But the drugs will keep coming.

"There's another one ready to go and step in, because we haven't really [supported] the people with substance use issues," said Bruce. "It's supply and demand."

The ratio of police officers to New Brunswickers is the lowest it's been since Statistics Canada started counting in 1989. Meanwhile the crime severity index, according to Statistics Canada, is close to an all-time high. 

A criminologist and the police chief both say it's tempting to connect the two numbers — a lack of police causing the rise in crime severity — but that's not accurate.

While his force, funded by the city, could always use more resources, Bruce said, simply increasing the number of police officers won't address social issues like addiction and lack of mental health services that are at the heart of some crime increases. 

"You could say, 'well, let's add 20 more cops to the street.' But is that really going to solve those issues? And the answer is no. Could we use more police officers? Absolutely … but we need to work more collaboratively."

More than 20% increase in police budget

In its recent budget, the provincial government said it will be spending $32.6 million to add 80 more RCMP officers and creating new major case and organized crime teams, staffed by provincial peace officers.

Jean Sauvageau, a professor of criminology at St. Thomas University in Fredericton, said the large increase in police spending is a "classic reflex" to a rising crime rate, and it won't work to address it.

"It's not demonstrated by studies at all, especially in New Brunswick," he said. "This I would call first-degree logic."

Criminologist Jean Sauvageau says social services have a much bigger impact on crime rates than the number of police officers. (Radio-Canada)

He said crime rates are dependent on various social, economic and sometimes political factors. There has not been a conclusive link drawn between more police and declining crime rates, he said, and people are less likely to commit crimes if their health and educational needs are met.

Estimates provided by the Saint John Police Force show officers responded to 39 per cent more overdose calls between 2021 and 2022.

Between March 2022 and March 2023, there were 300 separate incidents under the Mental Health Act, the force said. Mental health "related" calls are significantly higher, said Sgt. Stephen Davidson, at 1,925 files in 2022. However, these numbers are not a complete picture. 

"A call for an assault, for example, may end up having a mental health aspect to it, although it's not classified as such and therefore is not recorded as a mental health call for service," Davidson said.

Working with advocates

Bruce said part of the force's response to rising crime rates has been to start meeting with harm reduction, mental health and homelessness advocacy groups to find out what they can do with the resources they have and how much more they need. 

He said the goal is to come up with a funding proposal they will take to all levels of government, and find a way to address health and social issues before they require police intervention.

"When every other entity breaks down we're the last resort," he said. "And usually that doesn't end well, if it ends with police. Because if you're at the end, it's usually you're going to jail or you've died."

Bruce said since he started meeting with the Community Action Committee almost a year ago, he's learned to look at the systems and the bigger picture that's resulted in someone's behaviour, rather than judging the person immediately.

"I know sometimes the narrative is 'hey, well you got yourself into this position. Too bad. So sad,'" he said. "Well, there's a whole story behind that. It goes way back. It's deep rooted."

Saint John and the union representing city police officers are haggling over whether wages for the force have gone up 40 per cent or 50 per cent in the last decade.

The union has even accused the city of misleading the public on the issue of officers' wages.

Saint John city management and the police do agree on one thing, however, the base salary for a first class constable is $85,519.

Clearly they're trying to mislead the public.

- Bob Davidson, New Brunswick Police Association

That figure is about 40 per cent more than the $61,173 salary paid a first class constable in 2005.

But city managers have said repeatedly the true wage and benefit costs have risen more than 50 per cent since that time.

Coun. David Merrithew, the chair of the city's finance committee, said he believes city officers did a good job.

"But they're also six-figure people now. A sergeant with wages and benefits working for the police force, it's a $125,000 and $130,000 now."

The current base salary for a city police sergeant is $92,296 according to the collective agreement.

Payroll costs

Coun. David Merrithew, the chair of the city's finance committee, said he believes city officers did a good job. He also called officers "six-figure people." (CBC)

In response to a request from CBC, the city has broken down "payroll costs" for a first class constable.

They appear to show the $85,000 salary ends up costing the city $135,000 a year when you take into account fringe benefits and other payments.

But one category stands out on the cost list: a $15,746 expenditure under the heading "Pension Special Payments." That expenditure represents 17 per cent of the base salary.

"Clearly they're trying to mislead the public," said Bob Davidson, a labour analyst with the New Brunswick Police Association, a union affiliated group.

In late 2012, city unions agreed to give up their defined benefit pensions in exchange for a shared risk plan.

Under the deal, which was brokered by the province, the city would then make a series of temporary annual payments to erase a large deficit in the employee pension fund.

Davidson said he believes the city allowed the pension deficit to accumulate over many years and should not be representing the special payments as part of the salary and benefits package for police officers today.

"When we saved the City of Saint John multiple millions of dollars changing from a defined pension benefit plan to shared risk, they've now downloaded that special payment into the wages and salary components," said Davidson.

As a share of the city's overall operating budget the police and fire budgets are about the same as they were 10 years ago.

But both departments have considerably reduced their numbers over that period. 

There are now 15 fewer full time firefighters and 15 fewer police officers.

The former deputy chief of the Saint John Police Force is suing the New Brunswick Police Commission and its former executive director for alleged negligence in how they handled a conduct complaint against him in connection with the Dennis Oland murder trial.

Glen McCloskey accuses the independent civilian oversight body and Staphan (Steve) Roberge of failing to conduct the Police Act investigation without bias, deliberately engaging in unlawful conduct in exercising their public function, and violating the public trust.

In documents filed with the Court of Queen's Bench in Saint John, McCloskey also accuses the commission of breaching its duty to protect him from unwarranted disciplinary action and Roberge of damaging his economic interests through unlawful means.

McCloskey, who retired last April, is seeking compensation and costs.

"My client feels that the New Brunswick Police Commission, as it was then governed and managed, did him a great disservice, which has had quite a ripple effect in his career and post-career and reputation and he's seeking redress for that," said Moncton-based lawyer Brian Murphy.

None of the allegations have been proven in court.

Statements of defence have not yet been filed.

The commission and Roberge both declined to comment Monday. 

Steve Roberge left the commission in January, shortly after the union representing municipal police officers called for his removal, calling him a 'dictator' who is 'anti-police officer.' Jennifer Smith replaced him as of April 8. (CBC)

McCloskey, a nearly 30-year veteran of the Saint John Police Force, became the subject of a commission investigation in 2015, during Oland's first murder trial in the 2011 bludgeoning death of his father, Richard Oland.

Retired Staff Sgt. Mike King testified the senior officer had encouraged him not to reveal he had entered the bloody crime scene. He said McCloskey told him he didn't "have to tell" anyone.

McCloskey told the court he had entered the crime scene twice even though he had no active role in the homicide investigation — once to "observe the body" and then again out of "curiosity."

But McCloskey denied the allegation he had implied King should lie. He alleged it was King who lied to the court because he was angry about being passed over for a promotion.

The commission's appointed investigator, Barry MacKnight, concluded in December 2016 that McCloskey made false statements at Oland's first trial in 2015 and to Halifax police officers, who ultimately cleared McCloskey of criminal wrongdoing.

'Foregone conclusions'

McCloskey alleges that he never received the settlement conference he was entitled to, that the immediate, unilateral appointment of an arbitrator was a violation of the Police Act, and that hundreds of pages related to his case were disclosed to Oland's defence team without being seen by him.

Among those documents was an internal email from Roberge to a colleague on Nov. 21, 2016, which stated MacKnight intended to sustain the allegations against McCloskey. It was written "a full day before investigator MacKnight had conducted a single interview," according to McCloskey's statement of claim.

There was also a note to file written by Roberge that same day that MacKnight was "troubled" that criminal charges were not laid against McCloskey because he believed there were grounds, as well as a Dec. 16, 2016, note to file, which anticipated a settlement conference before the investigation was completed.

Moncton-based lawyer Brian Murphy, who is representing Glen McCloskey, contends his client was treated unfairly by the New Brunswick Police Commission and its former executive director. (Forté Law Droit)

These indicate "a clear bias existed and that all findings reached by MacKnight through the MacKnight investigation were foregone conclusions," according to the statement of claim.

"Mr. McCloskey was not … investigated fairly, there was bias, there was predetermination," his lawyer said.

"The body that's supposed to be non-arbitrary and non-judgemental and investigate this on behalf of the public — but also on behalf of the people accused of things — did not do its job properly."

'Forced into early retirement'

The case against McCloskey was dropped when he retired because the commission only has the authority to discipline active officers.

"As a result of the negligence of the defendant Roberge and defendant NBPC, the plaintiff has sustained significant economic loss as he was forced into an early retirement," the court document states.

McCloskey is seeking special damages for loss of past and future income, general damages for "significant" pain, suffering, anxiety, depression and reduced quality of life, as well as costs and any other relief the court deems just.

The lawsuit comes just weeks after McCloskey applied for an extension to seek a judicial review of the commission's investigation, alleging the independent watchdog acted in "bad faith" and that he was "denied natural justice due to a lack of procedural fairness."

His motion for an extension is scheduled to be heard on June 28.

McCloskey wants the court to quash MacKnight's report and declare it "did not meet the reasonableness or the correctness standard."

Dennis Oland is being retried by judge alone for second-degree murder in the death of his father Richard Oland nearly eight years ago. (CBC)

Richard Oland, 69, was found dead in a pool of blood in his office at 52 Canterbury St. on the morning of July 7, 2011. He had suffered 45 sharp- and blunt-force injuries to his head, neck and hands.​

Dennis Oland, 51, who is the last known person to have seen his father alive during a visit to his office the night before, was found guilty in December 2015 of second-degree murder.

The New Brunswick Court of Appeal overturned his conviction 10 months later, citing an error in the trial judge's instructions to the jury.

Oland is being retried by judge alone. The retrial is scheduled to resume on May 9 with closing arguments. Justice Terrence Morrison has said he doubts he'll have a verdict before June 7.

The New Brunswick Police Commission and its former executive director deny any wrongdoing in how they handled a conduct complaint against the former deputy chief of the Saint John Police Force in connection with Dennis Oland's murder trial.

Glen McCloskey is suing the commission and Staphan (Steve) Roberge for alleged negligence, bias, unlawful conduct and violation of public trust in their investigation into allegations he tried to influence another officer's testimony about his presence at the bloody scene of Richard Oland's murder.

The independent civilian oversight body and Roberge, in their statement of defence, contend they "conducted themselves in good faith, in a lawful manner, in accordance with the Police Act and at no time did [they] engage in illegal or wrongful conduct."

They claim they are protected from the lawsuit in carrying out their duties under the act and point out it was the appointed investigator, former Fredericton police chief Barry MacKnight, who conducted the investigation, not them.

They "have no direct knowledge of [MacKnight's] investigative methods," according to their statement of defence, filed with the Court of Queen's Bench in Saint John.

The commission and Roberge are seeking to have the lawsuit dismissed with costs, alleging McCloskey filed it after the limitation period and that it's "frivolous and vexatious."

None of the allegations have been proven in court.

Stems from 2015 murder trial

Jennifer Smith, executive director of the commission, and Roberge both declined to comment, as the matter is before the courts.

McCloskey was also seeking a judicial review of the commission's investigation, but the application has been withdrawn, according to court staff. His lawyer, Brian Murphy, did not respond to a request for comment.

McCloskey, a nearly 30-year veteran of the police force, retired last April. He was scheduled to face an arbitration hearing in October, but the matter was dropped because the commission only has the authority to discipline active officers.

The investigation stemmed from testimony in 2015 at Oland's first murder trial in the 2011 bludgeoning death of his father, Richard Oland.

Retired Staff Sgt. Mike King testified that in 2014 — either before or during Oland's preliminary inquiry — McCloskey, who was then an inspector and his immediate supervisor, told him he didn't "have to tell" anyone McCloskey had entered the bloody crime scene.

Retired Saint John Police Force staff sergeant Mike King, pictured here in 2015, testified deputy chief Glen McCloskey never used the word 'lie,' but his meaning was clear. (CBC)

McCloskey denied the allegation and alleged it was King who lied to the court about him because he was angry about being passed over for a promotion.

McCloskey told the court he entered the crime scene twice on July 7, 2011, before forensic testing was complete — once under the supervision of the forensics officer to observe the body and then again without authorization out of "curiosity."

Allegations repeated at retrial

King repeated his allegation at Oland's murder retrial.

McCloskey again denied King's allegation under oath. He also denied new allegations from the officer who accompanied him on his second trip into the crime scene.

The retrial ended July 19 with Court of Queen's Bench Justice Terrence Morrison finding Oland not guilty.

Sgt. Greg Oram, who did not testify at Oland's first trial, told the court McCloskey sat on a piece of furniture in the blood-spattered office, and they wandered around much of the office before the forensics officer returned and told them to get out.

McCloskey acknowledged his movements within the crime scene were more extensive than he previously testified to but said he never sat down or touched anything.

Steve Roberge is no longer executive director of the New Brunswick Police Commission, as of Jan. 2. (CBC)

In October 2015, following King's testimony at Oland's first trial, then-chief John Bates asked the commission to investigate McCloskey's alleged "witness tampering." The commission appointed MacKnight on Dec. 14, 2015, according to the statement of defence.

Less than a month into his investigation, MacKnight recommended launching a criminal investigation. His probe was suspended and Halifax police, after an eight-month investigation, cleared McCloskey of any criminal wrongdoing.

MacKnight resumed his investigation and found that McCloskey and King did have the conversation as described by King and that McCloskey made false statements at Oland's first trial and to Halifax police.

MacKnight concluded McCloskey committed five breaches of the Police Act: two counts of discreditable conduct, and one count each of deceitful behaviour, neglect of duty, and being party to a breach of the professional code of conduct, according to his report, dated Dec. 21, 2016.

'Forgone conclusions'

McCloskey, in his statement of claim, alleges that internal documents reveal the commission anticipated a settlement conference before MacKnight's investigation was complete, demonstrating "a clear bias," and that his findings were "foregone conclusions."

On Nov. 21, 2016, Roberge emailed vice-chair Lynn Chapin saying, "Just spoke to Barry MacKnight. He is going to sustain the allegations."

In a "note to file" that same day, Roberge indicated, "MacKnight is troubled that criminal charges were not laid [against McCloskey] as he believes the grounds to do so exist in the criminal file."

McCloskey was not interviewed by MacKnight until Nov. 27, 2016, according to the documents.

The commission's appointed investigator, former Fredericton police chief Barry MacKnight, had recommended suspending his probe of Glen McCloskey after less than a month and launching a criminal investigation instead. Halifax police found no criminal wrongdoing.

The commission and Roberge, in their statement of defence, deny MacKnight advised them at any point prior to the completion of his investigation that he would sustain the allegations.

Roberge said he contacted Chapin because he knew she was going out of the country and wanted to ensure her availability "for a potential settlement conference."

The act sets out a six-month time limit between a conduct complaint being filed and a notice of a settlement conference being served. The commission's "practice" is to prepare drafts of notice before receiving an investigator's report "in case they are required," according to the statement of defence.

In McCloskey's case, the deadline to serve notice was Dec. 26, in the midst of holidays. 

"These preparations are strictly to ensure timelines are met — they do not reflect bias or forgone conclusions regarding a complaint," the commission and Roberge state in the court document.

Time limits to adhere to

Although McCloskey alleges MacKnight only started his interviews the day after Roberge wrote the email and note to file, the statement of defence indicates MacKnight interviewed Saint John police Const. Grant Lyons on Nov. 15.

Lyons told MacKnight that King had told him in 2014 about the alleged conversation with McCloskey, according to the statement of defence.

MacKnight had also on Nov 2 obtained the Halifax police file on McCloskey, which contained "numerous statements and interviews with a significant number of witnesses," the documents state.

McCloskey alleged that he never received the settlement conference he was entitled to and that the commission proceeded to the next step by appointing an arbitrator. But the commission and Roberge allege McCloskey and his former lawyer "engaged in a pattern of delay and non-responsive conduct" in scheduling a settlement conference.

Skipped settlement conference disputed

The notice issued on Dec. 22, 2016, set the settlement conference for Jan. 5, 2017, but McCloskey requested it be rescheduled to give his lawyer time to review the file, according to the documents.

In April, his lawyer requested a further postponement and in May she argued the complaint had been improperly processed and should be stayed.

Moncton-based lawyer Brian Murphy, who is representing Glen McCloskey, contends his client was 'railroaded' by the New Brunswick Police Commission. (Forté Law Droit)

The commission says it advised the matter would proceed and proposed either June 8 or 9. It requested confirmation by June 2 whether McCloskey would attend. Otherwise, it would proceed to arbitration.

McCloskey's lawyer sent a fax that Friday afternoon, which the commission says wasn't seen until Monday, after the arbitrator had already been appointed.

McCloskey is seeking damages and costs, alleging he was "forced into an early retirement" as a result of the alleged negligence.

The commission and Roberge contend it was his choice to retire and deny he suffered any losses. If he did, he has "exaggerated," they allege.

The association representing municipal police officers is criticizing the way the New Brunswick Police Commission handled a Police Act investigation into former Saint John deputy police chief Glen McCloskey.

The New Brunswick Police Association spent an hour on Thursday criticizing the independent police watchdog and its executive director, Steve Roberge.

The association is calling for Roberge's removal, calling him "anti-police officer."

"The issue here, it's the mentality of this person who has an abusive, authoritarian way of trying to operate up there," New Brunswick Police Association executive director Bob Davidson said.

• Ex-deputy police chief made false statements at Oland murder trial, investigator finds
• Deputy police chief's arbitration hearing in Dennis Oland case delayed a year

 "That's the bottom line. McCloskey is a casualty of this mentality."

Roberge could not be immediately reached for comment on Thursday afternoon to respond to the association's comments.

Steve Roberge was described as 'anti-police officer' by the New Brunswick Police Association. He could not be reached for comment Thursday. (CBC)

The commission's appointed investigator, Barry MacKnight, found that McCloskey made false statements at the first Dennis Oland murder trial and to Halifax police officers, who ultimately cleared McCloskey of criminal wrongdoing.

McCloskey, who retired in April, had no active role in the investigation into the 2011 death of Richard Oland.

Despite this, he walked around the crime scene two times before forensic testing was complete and then encouraged another officer not to tell the court about it, according to a summary of MacKnight's report.

McCloskey denies allegations

At the first Dennis Oland murder trial, now-retired Staff Sgt. Mike King testified that in 2014, either before or during the preliminary inquiry, McCloskey told him he didn't "have to" tell anyone he'd entered the crime scene. McCloskey was an inspector at the time and King's supervisor.

King testified he replied to McCloskey that he had "never lied on the stand in 32 years" and he "wasn't about to start."

Asked on Thursday whether he asked King to lie, McCloskey said it was "a silly question."

Mike King, a retired staff sergeant with the Saint John Police Force, testified at the first Dennis Oland trial that there was no misunderstanding about whether former deputy chief Glen McCloskey wanted him to lie. (CBC)

"I've already said on the stand that I never spoke to anybody about lying, changing their testimony, whatever it was," McCloskey said.

"Especially, Mike King has never made the statement I asked him to lie. That's come from the media. He's made the statement I said something to the effect of 'Don't say I was there.'"

McCloskey said it would have been "illogical" for him to say even that to King because Crown prosecutors and former Saint John police chief Bill Reid knew he was in the crime scene.

Breached privacy

McCloskey suggested the police commission reached a conclusion before the investigation was complete and he alleged MacKnight's report left out part of the interviews with officers.

"I talked to the former chief of police Bill Reid, and Bill Reid made some comments to me with respect to what he said," McCloskey said.

"That's not in the interview because it's detrimental to what he wants to happen."

The association also gave reporters a copy of a Dec. 13 report from Integrity Commissioner Alexandre Deschênes, which says the New Brunswick Police Commission "breached [McCloskey's] privacy on two instances by disclosing his personal information to the Crown Prosecutors and the Defence Team on July 4 and 12, 2017."

New Brunswick Police Association executive director Bob Davidson has several issues with the way the New Brunswick Police Commission handled a Police Act investigation into McCloskey, who is now retired. (Roger Cosman/CBC)

The personal information was contained in the New Brunswick Police Commission file in relation to the Police Act complaint against McCloskey, according to Deschênes's report. McCloskey filed a complaint, which prompted Deschênes's investigation.

"As with any case of a violation of privacy, we, unfortunately, cannot turn back the clock to prevent the breach from occurring," Deschênes wrote in his decision.

He did not make any recommendations arising out of his findings.

A jury found Dennis Oland guilty of second-degree murder in the death of his father in December 2015, but the New Brunswick Court of Appeal overturned his conviction in October 2016 and ordered a new trial, citing an error in the trial judge's instructions to the jury.

The retrial, which began on Nov. 21, is adjourned for the holidays until Jan. 7 at 9:30 a.m.

Dennis Oland's retrial on a charge of second-degree murder heard new details Thursday about evidence found in a wooded area on Saint John's west side more than a month after his father Richard Oland was killed.

A man called police on Aug. 24, 2011, about some pieces of paper he found beside his residence with the victim's nickname, Dick, written on them.

The yellow sticky notes also included the names of his father, Philip Oland, brother Derek Oland, the executive chairman of Moosehead Breweries, and his great-great-grandmother Susannah Oland, the matriarch of the beer-making family, the courtroom heard.

Defence lawyer Alan Gold raised the issue during his pointed cross-examination of lead investigator Const. Stephen Davidson about the adequacy of the Saint John Police Force's homicide investigation.

Davidson met with the man and searched the property for any other evidence but said he didn't test the weathered notes for fingerprints because he didn't see the value, given their deteriorated condition.

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Gold suggested a hair was stuck to one of the notes and asked Davidson it was ever forensically tested. Davidson argued it wasn't clear it if was hair or lint, but said it wasn't sent for testing.

He acknowledged he didn't show the papers to the victim's secretary, Maureen Adamson, or business associate Robert McFadden to see if they recognized the handwriting or to ask if the multimillionaire used that type of sticky notes in his daily work.

"There was absolutely no followup to these pieces of papers that were found, correct?" asked Gold.

"Correct," replied Davidson.

Const. Stephen Davidson had been a police officer for about 12 years when he became the lead investigator on the Oland case in October 2011. But he was still new to the major crime unit with only three months on the job, the court has heard. (CBC)

The four notes, which were entered into evidence, include a jumble of scribblings, including "1865 Susannah Old [sic] sailed from England to NS with her recipe,""Cirque du Soleil,""alcoholic,""Transfer $429," and "Jon insured."

The names of "policemen" Mike, Stephen, and Mark are also listed.

Oland, 50, is being retried for second-degree murder in the death of his father. He was the last person known to have seen Richard Oland alive, during a visit to his father at his Canterbury Street office on the evening of July 6, 2011.

The body of the 69-year-old was discovered in the office the next morning, face down in a pool of blood, with 45 sharp- and blunt-force injuries to his head, neck and hands.

A jury found Oland guilty in December 2015, but the New Brunswick Court of Appeal overturned his conviction in October 2016 and ordered a new trial, citing an error in the trial judge's instructions to the jury.

The retrial, which began on Nov. 21, is adjourned for the holidays until Jan. 7 at 9:30 a.m. It's expected to last four months.

Report of 'loud shouting'

Toronto-based lawyer Alan Gold is the lead of Dennis Oland's three-member defence team. (CBC)

Gold spent most of Thursday going through a laundry list of things police failed to do in the investigation and challenging what steps they did take.

He argued police didn't follow up on possible leads and didn't follow basic police academy training at the scene.

When police canvassed the area on July 8, 2011, a woman told them she had heard "loud yelling" the night Oland was killed. She said she heard the noise around 7:30 p.m., while walking on Princess Street, between Canterbury and Germain streets, said Gold.

But police did not follow up with her until Sept. 21, 2017 and never conducted a formal interview with her, he said. Instead, Davidson got a statement from her via email on Oct. 16, 2017.

"The point of canvassing was to see if people saw or heard anything relevant to the beating death of Richard Oland, right? Right?" asked Gold.

Davidson agreed.

Note from mistress never found

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

The note was referred to in a text message from Sedlacek to Oland on the day he was killed, around 9:08 a.m. "Did Zu find note? — re Our Trip."

Police never found the note, said Davidson. He confirmed police didn't take an inventory of the blood-spattered papers found on or around the victim's desk before releasing the scene back to the landlord.

'Have I been watching too much CSI?'

Officers didn't treat the foyer or exit door outside the victim's bloody office as part of the crime scene to prevent contamination of any evidence, Gold said.

They didn't examine the office floor where his bludgeoned body was found splayed, or the office door the killer would have had to walk through, closely enough for evidence, he argued.

"Have I been watching too much CSI?" Gold asked Davidson. "Is that not what you're supposed to do at a crime scene — to examine it as carefully as possible looking for trace evidence? Is that not what you're supposed to do?"

"Yes," replied Davidson.

Gold compared the crime scene search with the examination of the brown sports jacket Oland was wearing when he visited his father. It was scrutinized "millimetre by millimetre," he said.

The jacket was found to have four areas of blood on it and DNA matching the victim's profile, the Crown has said.

Richard Oland's blunt force injuries had a faint cross-hatch pattern in them, the pathologist who conducted the autopsy testified. (DIY)

Police also didn't test their theory that a drywall hammer may have been the weapon used to inflict the victim's wounds, said Gold.

They never used clay to try to replicate the circular injuries that had a cross-hatch pattern in them, for example, or visit construction sites to determine how prevalent the tools are or who has them, he said.

"Anybody could have them," said Davidson.

"But it's almost as if unless you're guaranteed success in your investigation you don't bother investigating," said Gold. "You don't know what information you're going to receive until you ask it, do you?"

"That's right," the officer replied, maintaining an even tone through the barrage of questions.

The defence argues police should have treated the foyer and exit door as part of the crime scene. (Court exhibit)

Davidson was new to the major crime unit when police were called to 52 Canterbury St. on the morning of July 7, 2011, the court has heard.

He was one of the first officers on the scene and testified earlier in the trial that he unlocked and opened the exit door in the foyer, which was never tested for forensic evidence because it had been contaminated.

"You didn't follow the rules at this crime scene, did you?" asked Gold, referring to protecting it from contamination.

Davidson said he was careful not to touch anything in the office and retraced his steps back out to the foyer. He did not consider the back door part of the crime scene, he said.

"Right or wrong, I opened it."

"It wasn't 'right or wrong,' it was wrong," Gold snapped.

"Yes," Davidson agreed.

"You wouldn't do that today, would you?" Gold asked.

"No," the officer replied.

Dennis Oland told police he stopped at Renforth Wharf on his way home from visiting his father on July 6, 2011, to see if his children were there swimming. (CBC)

The defence had previously advised the court that the quality of the Saint John Police Force's investigation will be a major issue in Oland's defence at his second-degree murder retrial.

In pre-trial documents, the defence said they intend to argue "that the [Saint John Police Force's] investigation into the homicide of Richard Oland was inadequate and will also seek to impugn the conduct and credibility of various SJPF officers involved in the investigation."

It came up again on Wednesday during Crown prosecutor P.J. Veniot's direct examination of Davidson about some security video from Thandi's restaurant, located across the street from the victim's office, from the day of the killing.

When Veniot used a defence exhibit from the first trial to help Davidson describe the location of the two cameras and their coverage areas, Gold stood to address the court.

"Just to be clear, Justice, we produced this,' he said, referring to the aerial photo with shaded areas. "This was not part of the police investigation. This isn't something the officer did.

"As you know, the quality of the police investigation is going to be an issue in this case, so I just want to be clear what you're seeing there and the officer's corresponding oral testimony is defence work product."

The lead investigator in the murder of Richard Oland knew about the allegation that Saint John Police Force Deputy Chief Glen McCloskey had suggested another officer lie to the court, but didn't tell anyone about it, Dennis Oland's jury heard on Friday.

Const. Stephen Davidson says he didn't tell his supervisors about the allegation against the deputy chief because he didn't know if it was true and he believed it would come out through the Crown. (CBC)

But he said he didn't tell his superiors because he only knew what King had told him on Sept. 8 about his alleged exchange with McCloskey regarding the Oland crime scene.

"I didn't know the truth of it," he said.

Davidson also said that King told him he planned to tell the Crown about it, "so I had every belief it was going to be known."

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King did tell the Crown on Sept. 29, before he was scheduled to testify at the trial.

And last week, he testified that McCloskey told him he didn't "have to" tell anyone that McCloskey went into Richard Oland's bloody office to observe the bludgeoned body on July 7, 2011.

The prominent businessman was found lying face down in a large pool of blood in his investment firm office on Canterbury Street.

Dennis Oland, 47, has pleaded not guilty to second-degree murder in the 2011 death of his father, prominent businessman Richard Oland. (CBC)

Dennis Oland, 47, who was the last known person to see his father alive during a meeting at his office the night before, has pleaded not guilty to second-degree murder.

King said there was no misunderstanding about what McCloskey suggested during that conversation, which occurred either before or during Dennis Oland's preliminary inquiry last year.

McCloskey, who was the inspector in charge of the criminal investigations division at the time, overseeing several units, including major crime and forensic identification, has denied the allegation under oath.

The deputy chief suggested King made it up because he was bitter about being passed over for a promotion.

Deputy Chief Glen McCloskey has denied the allegation that he suggested retired staff sergeant Mike King lie to the court. (CBC)

"It was wrong, I shouldn't have been in there," said McCloskey.

The 27-year veteran said he was "embarrassed," admitting that he went farther into the crime scene than directed by the head of the forensic identification unit and without any protective gear on to avoid contaminating the scene.

McCloskey also said he might have touched — and even opened — the back door located in the foyer outside Oland's office, which Dennis Oland's defence lawyers have suggested would have been the "preferred exit route" of the killer.

Former Fredericton police chief Barry MacKnight has been appointed by the New Brunswick Police Commission to investigate a complaint against McCloskey, made by the new chief of the Saint John Police Force.

Chief John Bates requested the investigation on Oct. 14, following King's testimony.

MacKnight will not begin the investigation under the Police Act until the conclusion of the Oland trial.

The trial is scheduled to run until Dec. 18.