Case of slain Oak Bay sisters heading straight to Supreme Court

Direct indictment means father accused of filicide likely to face judge and jury

The case of 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, will head straight to the Supreme Court.

This comes after Crown prosecutor Patrick Weir filed for a direct indictment. By default, the accused faces a judge and jury for trial.

Berry appeared in court March 29 by way of video, this time entering after the cameras had been turned on, arms behind his back. As with previous appearances, Berry was wearing a dark sleeveless shirt. His hair was cut short and his face was unshaven.

Berry spoke for the first time in court, saying only: “Hello. I can hear you, yes.”

The direct indictment, which is a legal procedure the Crown can use in complex cases and that can only be approved by the attorney-general or deputy attorney-general, means the case will skip preliminary hearings and go directly to trial in the Supreme Court.

While a trial date is not yet set, Berry’s criminal defence lawyer, Kevin McCullough, says he expects the trial would start late fall 2018 or early spring 2019.

Berry will be back in court via video on April 11 for the appointment of a trial manager judge.

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. The children were supposed to go home to their mother’s house on Christmas afternoon but didn’t arrive. Their mother Sarah Cotton contacted the Oak Bay police who responded to Berry’s 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.

RELATED: A thousand come out to honour Chloe and Aubrey Berry at public funeral

RELATED: Oak Bay gathers to honour sisters


 

keri.coles@oakbaynews.com

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Just Posted

Saanich won’t be big in Japan; council rejects potential sister-city relationship

Council also refuses to reimburse former mayor Richard Atwell

Heavy rain spurs public health advisory for Greater Victoria beaches

Wastewater along shoreline may pose a health risk

World Juniors fast approaching as selection camp begins in Colwood

BC Hockey and provincial dignitaries launched the championship on Tuesday at The Q Centre

Accessible parking not optional, councillor says after province removes regulations

B.C. provincial government changing building code requirements to municipality-based

MISSING: 34-year-old Lucas Matkowski

Matkowski was last seen by the Victoria Police Department on Dec. 3

Miniature Christmas Land is back in Saanich

Local family continues to open intense Christmas-themed basement to public

POLL: Are you dreaming of a white Christmas?

The rain Vancouver Island is famous for is coming down in buckets,… Continue reading

France shooting: 2 dead, several wounded in Strasbourg

A world-famous Christmas market was put on lock down on Tuesday

Canadian warship witnesses possible violations of North Korea sanctions

Crew members on HMCS Calgary took photos and collected other information

Christine Sinclair named Canadian Women’s player of the year again

This is the 14th time Sinclair has been named player of the year

B.C. man wants trapping laws changed after dog killed

Louis Seguin’s 10-month-old Australian shepherd died in a body-gripping trap last month

Nearly 8,000 homeless in B.C., first province-wide count reveals

Twenty-four seperate counts in B.C. cities found there are thousands of homeless in all corners of province

Mental health issue suspected after spike belts end Island Highway car chase

Woman in her 30s detained after Tuesday afternoon incident in Lantzville

Most Read