The trial of an Oak Bay father accused of killing his two young daughters has resumed in a Vancouver courtroom. We warn some listeners may find the content disturbing.
Andrew Berry faces two counts of second degree murder in the stabbing deaths of his daughters, 6 and 4, in his Beach Drive apartment on Christmas Day 2017. He has pleaded not guilty to the charges.
The first officer on scene, Oak Bay Police Cnst. Piotr (Peter) Ulanowski, continued to be cross examined by Defence Counsel Kevin McCullough. McCullough tried to paint a picture of an incompetent investigation.
McCullough argued it was a mistake for the officer to have left the crime scene unattended and unguarded for as long as five-minutes, while the constable waited for backup in an area where he could not see the apartment door. Noting there were two exits within 15 to 20 feet of Berry's apartment door, McCullough stated "the reason it was a mistake is that the killer could have left."
McCullough also asked Cnst. Ulanowski why he did not make notes about the fact he left the crime scene unattended for five-minutes. McCullough called it “incompetent” and suggested the information was left out "intentionally." Cnst. Ulanowski replied “with all due respect, I disagree with you."
McCullough said there’s no mention in the officer's notes about having a tough time opening the door because of clothing scattered in the apartment, suggesting it didn't happen. Cnst. Ulanowski maintained it did.
McCullough accused the officer of covering up incompetence by claiming he was freaked-out by the murders. At one point, McCullough referred to his client and yelled "you realize he's on trial for murder?"
Cnst. Ulanowski told the court he had just seen a dead kid about his daughter's age and was dealing with that. He said he just wanted to get home to his children.
The Defence also questioned the officer about not wearing booties over his shoes when he entered the blood splattered bathroom, where Berry was found injured in the tub. The Crown contends the injuries were self-inflicted.
McCullough asked the officer if blood could have been tracked outside the apartment, and he acknowledged that could have happened.
The officer's earlier memory of being hampered from looking through windows due to bushes proved incorrect based on a photo of area. He also couldn't recall if his gun was drawn when he entered the apartment, admitting he was in shock. He also now remembers a Christmas tree decoration on the door, when in pre-trial testimony he could not.
And McCullough suggested the officer's recall of events has been contaminated because he had not filed his final report before attending a mental health session with other officers also on scene that night.