Account Login/Registration

Access VictoriaNow using your Facebook account, or by entering your information below.


Facebook


OR


Register

Privacy Policy

Court dismisses appeal of Oak Bay man convicted of murdering his 2 daughters

A BC court has dismissed an appeal made by Andrew Berry, an Oak Bay man who was convicted of murdering his two young daughters on Christmas Day in 2017.

In the appeal, Berry complained about the admissibility of statements he made at the scene of the crime to first responders, and later to staff at the hospital where he was treated for his injuries, as well as to his sister.

<who>Canadian Press

Court documents say Berry also took issue with the trial judge’s charge to the jury on the use of his out-of-court statements and evidence of a suicide attempt, and instructions on the offence of manslaughter.

He alleged that errors in mid-trial rulings “limited cross-examination regarding the adequacy of the police investigation.”

He also complained about the admissibility and use of evidence surrounding his failure to ask about the well-being of his children after the crime.

The court’s decision says that there were no errors made by the trial judge, and therefore no intervention was warranted.

“With respect to the admissibility of statements at the scene of the crime and at the hospital, the trial judge did not err in concluding that the first responders, hospital staff, and the appellant’s sister were not persons in authority,” the court said.

“As such, the common law confessions rule was not engaged and those statements were not inadmissible.”

The ruling went on to say that the appellant did not have a constitutionally protected right to silence while admitted under the Mental Health Act, nor were statements made during that period statutorily compelled and entitled to use-immunity.

“There were no errors in the trial judge’s charge to the jury regarding the use of the appellant’s out-of-court statements, the evidence of his attempted suicide, or the instructions on manslaughter,” reads the decision.

“The trial judge carefully instructed the jury on each of these points and it was up to the jury to decide how to assess the relevant evidence and what weight to give to it. Finally, there was no error in law or principle in the mid-trial rulings regarding evidence of the appellant’s silence or the adequacy of the investigation.”

After a lengthy trial in 2019, Berry was convicted of second degree murder in the deaths of his two daughters, aged four and six. He pleaded not guilty to the charges.

The girls were found in their bedrooms at their father’s apartment, dead from multiple stab wounds. Berry was found naked in the bathtub with a black eye and injuries to his throat and torso.

During the trial, the Court heard that when first responders arrived at the scene, he told them “Kill me” and “Leave me alone.”

He denied killing his daughters, saying that someone else was responsible for the murders. He claimed that two men connected to a loan shark stored what he believed was drugs at his apartment in March of that year in exchange for a delay in the repayment of a loan.

However, the jury also heard during the trial that police found a note at the scene addressed to Berry’s sister. It reportedly detailed grievances with relatives and the girls’ mother.

Crown attorney Patrick Weir said during his closing submission that the motive for the crime was a “long-simmering animosity,” as Berry believed that the mother had plans to end their joint custody arrangement after Christmas was over.

-With files from the Canadian Press




Send your comments, news tips, typos, letter to the editor, photos and videos to [email protected].



Weather
webcam icon

weather-icon
Fri
12℃

weather-icon
Sat
14℃

weather-icon
Sun
14℃

weather-icon
Mon
15℃

weather-icon
Tue
14℃

weather-icon
Wed
12℃

Top Stories

Follow Us

Follow us on Instagram Follow us on Twitter Like us on Facebook
Follow Our Newsletter