The trial of an Oak Bay man charged in the deaths of his 2 young daughters is underway in a Vancouver courtroom.
Andrew Robert Douglas Berry is facing 2 counts of second degree murder after his 6 year old daughter Chloe, and 4 year old daughter Aubrey, were found dead in his Oak Bay apartment on Christmas Day 2017. He has pleaded not guilty to the charges.
WARNING: Some of the details you are about to read are disturbing.
The high profile trial was moved to Vancouver but is being live-streamed to a Victoria courtroom as well. The girls' mother, Sarah Cotton, is not in either courtroom as she is likely to be called as a witness. But close family and friends have travelled to Vancouver, and about a dozen are in the Victoria courtroom.
Supreme Court Justice Madame Miriam Gropper instructed the 9 man/5 woman jury to remember that Berry is presumed innocent, and that they must decided the case solely on evidence and testimony presented in court, not what the see or read in the media. The jurors were also advised they will be shown graphic evidence, including photos of the girls' bodies, and will hear evidence from a blood spatter expert. And we warn details are disturbing.
In their opening statement the Crown laid out what they expect the evidence to show.
They say Berry and his ex commonlaw partner shared custody of the girls 60/40, and on Christmas day he was in the care of the girls. Sarah Cotton became worried when the girls were not returned by noon, and sought help from Oak Bay Police.
Responding officers are expected to testify they discovered blood all over Berry's apartment, and both girls were found dead in their pyjamas, in separate bedrooms. 6 year old Chloe had a skull fracture, and had been stabbed 26 times. Aubrey had been stabbed 32 times.
The jury will hear that Berry was found naked in the bath with a black eye, with knife wounds to his chest, neck and throat his the Crown contends were self-inflicted in a botched suicide.
The Crown says it expects to present evidence that Berry harboured animosity towards his ex and his parents. They will present text messages, and a letter left in the apartment to his sister about his grievances.
The Crown also expects to call a neighbour who heard noises in the apartment about 8 a.m. that morning, then nothing afterwards. And the Crown expects to present evidence that Berry had an online gambling account with BC lottery, no money in the bank, was being evicted from his apartment, and was worried about losing access to his daughters.
The trial is scheduled for 3 to 4 months. The Defence will present their opening statement at a later date.