Andrew Berry, the Oak Bay father charged with in the deaths of his two daughters found dead in his apartment on Christmas Day, made his third court appearance this morning (Feb. 22).
The expected outcome of todayB次元官网网址檚 appearance was to set a preliminary hearing date, but the Crown has instead asked for three more weeks to prepare.
Crown prosecutor asks for a further 3 weeks before setting trial date for Andrew Berry, Oak Bay father charged with two counts of second-degree murder in the deaths of his two daughters found dead in his apartment on Christmas Day. Judge adjourned to March 15 9:30 am
B次元官网网址 Oak Bay B次元官网网址 (@OakBayB次元官网网址)
There was tension in the courtroom before the judge entered as BerryB次元官网网址檚 criminal defence lawyer, Kevin McCullough, appeared to have terse words with Crown prosecutor Patrick Weir. It was unclear what they were discussing but audible to the crowd was an exclamation of B次元官网网址測ouB次元官网网址檙e dead wrongB次元官网网址 from McCullough directed at Weir.
Once the proceedings started, Andrew Berry appeared by video, sitting expressionless on a blue bench with a sign behind him that read Vancouver Island Regional Correctional Centre. With hair cut short and wearing a sleeveless shirt, Berry said nothing during his appearance.
The court granted the CrownB次元官网网址檚 request and adjourned until March 15 at 9:30 a.m.
It is not uncommon for such delays to be requested, especially involving serious crimes where collecting statements, getting expert reports and preparing documents can take time. McCullough B次元官网网址 speaking generally, not related to this case B次元官网网址 noted that autopsy and forensic reports can take months, not weeks.
In the Canadian Charter, a person charged with an offence has the right to be tried within a reasonable time.
B次元官网网址淚s this case moving at a pace? I donB次元官网网址檛 think for any accused person it can move fast enough,B次元官网网址 said McCullough. B次元官网网址淗aving said that, am I surprised at this three week adjournment today? No.B次元官网网址
He had previously mentioned his client was having a difficult time in custody.
B次元官网网址淔or a person who has never been in custody before, it is always very difficult. I can tell you that in part, thatB次元官网网址檚 why IB次元官网网址檓 looking for a speedy trial,B次元官网网址 said McCullough on Feb. 1 after BerryB次元官网网址檚 last court appearance.
After court, Kevin McCullough, Andrew BerryB次元官网网址檚 criminal defence lawyer, spoke of solitary confinement however would not confirm if his client was in it. Neither would he confirm if a psychiatric assessment had been done on Berry.
B次元官网网址 Oak Bay B次元官网网址 (@OakBayB次元官网网址)
Outside of court, McCullough said he is not ruling out a bail application for Berry. He mentioned two of his other clients who are charged with murder and are out on bail, one in Kelowna and one in Nanaimo.
B次元官网网址淭hey are out on bail. One is charged with first and one is charged with second. People who are charged with murder get out on bail,B次元官网网址 said McCullough. B次元官网网址淚tB次元官网网址檚 not an absolute prohibition.B次元官网网址
RELATED:
RELATED:
On Christmas Day, Chloe, 6, and Aubrey Berry, 4, were in the care of their father at his apartment on the corner of Beach Drive and Goodwin Street in Oak Bay, B.C.. 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 the 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 injuries, and was taken to the hospital. Berry was arrested and charged upon release from the hospital.
In the wake of the of Chloe and Aubrey Berry, criticism has arisen around to grant the girlsB次元官网网址 father the right to have the girls visit him on Christmas Eve.
Chief Justice Christopher Hinkson in defence of Gray. 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.
RELATED:
RELATED:
keri.coles@oakbaynews.com
Follow us on Like us on and follow us on .