The trial of an Oak Bay Father charged with stabbing his 2 young daughters to death on Christmas Day 2017 continued today with testimony with a senior Oak Bay police officer, the second person to respond to the scene. Andrew Berry is charged with 2 counts of second degree murder, and has pleaded not guilty.
WARNING, THE FOLLOWING INCLUDES GRAPHIC AND DISTURBING INFORMATION
Sgt Michael Martin told the court he went to unit #103-1400 Beach Drive after hearing from an officer that he had found "blood and carnage" in the unit.
Cst. Piotr (Peter) Ulanowski had gone to check on why Andrew Berry had not returned his 2 daughters, Chloe, 6, and Aubrey, 4, to their mother at noon as required by a custody agreement.
Inside the darkened and cluttered unit, Cst. Ulanowski was tasked with staying with a man found severely injured in the bathtub, while Martin went to find the girls.
Martin choked up as he described entering a bedroom and seeing a small girl, face down on the bed in her pyjamas, her hair splayed behind her. She had blood on her upper body and lacerations. She didn't appear to be breathing. As he checked for a pulse he noted the child was cold and stiff to the touch.
In a second bedroom he found a smaller child, facing away from him. She too was in her pyjamas, and had lacerations and blood on her upper body. She too had no pulse and was cold to the touch.
And when another officer arrived and offered to try taking the pulses a second time, just to confirm the finding, Martin said he had misgivings about allowing it.
The veteran of 30 years of police service broke down on the stand, saying he was concerned her seeing what he had -- telling the court " sometimes you see things and you can't unsee them."
Madam Justice Miriam Gropper asked if he needed a break, but he said he wished to continue.
Asked by the crown if it was his responsibility to solve the case and collect evidence, he replied no, that was up to the investigators. Her said Saanich Pd was assisting and he had asked that Vancouver Island Major Crimes also be notified. Martin said his job was to secure the scene which he set about doing.
The Defence Counsel Kevin McCullough has alleged an incompetent investigation, and a rush to judgement against his client.
Under cross examination McCullough asked Martin if he was aware that verbal approval of charges had been made against his client by the morning of December 26th. Martin said he was not aware.
Pressed again on the matter Martin repeated he was not aware. He said he had gotten home at 3 am, collapsed on the floor, then went to bed to try to get some sleep. He said he wanted to have some kind of Christmas with his family.