In the wake of the of Chloe Berry, 6, and Aubrey Berry, 4, criticism has arisen around to grant the girlsB次元官网网址 father, now charged with their murders, the right to have the girls visit him on Christmas Eve.
Chief Justice Christopher Hinkson spoke up yesterday in defence of Gray in an interview with Global B次元官网网址. He reportedly didnB次元官网网址檛 think evidence brought before the judge in the 2016 divorce proceedings could have suggested the father was likely to commit the crime B次元官网网址 if in fact he did. The criticism of the judge that followed the tragedy is unfair in his opinion.
Hinkson also mentioned that Justice Gray was not responsible for assessing BerryB次元官网网址檚 fitness to visit with his girls, but instead to figure out the logistical issues around shared custody.
While the Chief Justice declined further comment, Oak Bay B次元官网网址 reached out to Family Law Mediator and Arbitrator, Trudi Brown. Brown has not represented either party, but is familiar with the case.
B次元官网网址淚 think the Chief was saying all of the right things B次元官网网址 these are not easy decisions and there was no evidence that (Berry) was a danger,B次元官网网址 said Brown. B次元官网网址淚 can tell you that it appears B次元官网网址 from my read of the court decision in May 2017 B次元官网网址 that hindsight is playing a big role in the responses.B次元官网网址
Custody decisions are perhaps the hardest for judges, according to Brown, as they are faced with evidence from both parties that conflicts. There are seldom third parties who can substantiate the allegations made by either side.
B次元官网网址淚t would appear that the father had some serious issues,B次元官网网址 said Brown. B次元官网网址淲hich may have grown worse after the decision and long after the judge had seen him. He may have been able to hide those issues from the wife and other people.B次元官网网址
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B次元官网网址淚n this case, the parties did all the right things to start B次元官网网址 mediation, use of divorce coaches, and eventually reaching agreements. The about the fatherB次元官网网址檚 care of the children, and those were aired at court, but she did not oppose him having the girls overnight, so long as it was not more than one night at a time so that she could monitor how the children were doing,B次元官网网址 said Brown. B次元官网网址淭he father wanted week on, week off parenting and that was not granted by the court.B次元官网网址
On Christmas Day, Chloe and Aubrey were in the care of their father at his apartment on the corner of Beach Drive and Goodwin Street. The children were supposed to go home to their motherB次元官网网址檚 house on Christmas afternoon but didnB次元官网网址檛 arrive. Their mother, Sarah Cotton, contacted Oak Bay police who responded to BerryB次元官网网址檚 apartment and found the bodies of the two girls.
Andrew Berry was found in the apartment with them, suffering from what are believed to be self-inflicted injuries, and was taken to hospital. Berry was then arrested and charged upon release.
He has now secured counsel and will be appearing in court again on Feb.22.
keri.coles@oakbaynews.com
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