The double murder trial of an Oak Bay father accused of killing his 2 young daughters on Christmas Day 2017 is at the end of its second week.
The second officer on scene, Sgt. Michael Martin, is undergoing cross examination after testifying Thursday to finding 6 year old Chloe and 4 year old Aubrey Berry's bodies in their father's Beach Dr. apartment.
CAUTION: Details of this trial are disturbing
Andrew Berry's defence lawyer, Kevin McCullough, questioned the veteran officer about why he took such ""comprehensive and detailed" notes during his first meeting with the girls mother, Sarah Cotton, who had come to the detachment to report her ex had not return the girls to at noon as mandated by a custody agreement.
Martin replied because it's "professional, and the least I can do in my position." He added it would be neglectful not to try to follow up and try to return the children to their mother. McCullough asked if he had tears in his eyes during that meeting. Martin says he may have.
McCullough questioned the sergeant about a phone call with Berry's sister, a police officer, where she told him her brother was not suicidal and wouldn't harm the girls. He asked if Martin remembered her coming to the detachment, Martin responded he doesn't think he's ever laid eyes on her, and was in many locations that evening.
McCullough also asked Martin if he'd ever been the subject of a disciplinary action. Martin answered " Absolutely, in my 31 years, yes.” He says it was a training mishap where his gun discharged at the firing range.
As for the main contention of the Defence, that the first officer on scene left the apartment unguarded for several minutes which could have allowed the real killer to escape, Martin said he was hearing that for the first time.
But McCullough charged that Martin should know that, as the constable met him outside. Martin responded the officer had to let him into the building.
Asked whether he remembered if the apartment door was closed, or ajar when he entered the suite, he couldn't remember with any accuracy. But pressed further he acknowledged the door may have been slightly ajar.
Martin was also asked why he didn't tell the Vancouver Island Integrated Major Crime Unit (VIIMCU) that the suite had been left unguarded and unwatched, with the door open an inch or two. He replied he provided his statement within hours of leaving the scene, and there was no attempt to mislead.
Berry has pleaded not guilty to the charges against him.
The crown argues Berry was depressed, in financial trouble, about to be homeless, and harboured resentment towards his ex when he stabbed his daughters to death, and tried to take his own life.
3 to 4 months has been set aside to heard evidence in the case.