Chief Justice and family lawyer defend judge in Oak Bay custody case

In wake of murders, Justice Gray faces criticism for granting Berry access to girls on Christmas Eve

In the wake of the Christmas Day double homicide of Chloe Berry, 6, and Aubrey Berry, 4, criticism has arisen around Justice Victoria Gray’s decision to grant the girls’ father, now charged with their murders, the right to have the girls visit him on Christmas Eve.

Chief Justice Christopher Hinkson spoke up yesterday in defence of Gray in an interview with Global News. He reportedly didn’t think evidence brought before the judge in the 2016 divorce proceedings could have suggested the father was likely to commit the crime — if in fact he did. The criticism of the judge that followed the tragedy is unfair in his opinion.

Hinkson also mentioned that Justice Gray was not responsible for assessing Berry’s fitness to visit with his girls, but instead to figure out the logistical issues around shared custody.

While the Chief Justice declined further comment, Oak Bay News reached out to Family Law Mediator and Arbitrator, Trudi Brown. Brown has not represented either party, but is familiar with the case.

“I think the Chief was saying all of the right things — these are not easy decisions and there was no evidence that (Berry) was a danger,” said Brown. “I can tell you that it appears — from my read of the court decision in May 2017 — that hindsight is playing a big role in the responses.”

Custody decisions are perhaps the hardest for judges, according to Brown, as they are faced with evidence from both parties that conflicts. There are seldom third parties who can substantiate the allegations made by either side.

“It would appear that the father had some serious issues,” said Brown. “Which may have grown worse after the decision and long after the judge had seen him. He may have been able to hide those issues from the wife and other people.”

RELATED: Counsel stresses presumption of innocence in Oak Bay murder case

“In this case, the parties did all the right things to start — mediation, use of divorce coaches, and eventually reaching agreements. The mother had some serious concerns about the father’s care of the children, and those were aired at court, but she did not oppose him having the girls overnight, so long as it was not more than one night at a time so that she could monitor how the children were doing,” said Brown. “The father wanted week on, week off parenting and that was not granted by the court.”

On Christmas Day, Chloe and Aubrey were in the care of their father at his apartment on the corner of Beach Drive and Goodwin Street. The children were supposed to go home to their mother’s house on Christmas afternoon but didn’t arrive. Their mother, Sarah Cotton, contacted 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 what are believed to be self-inflicted injuries, and was taken to hospital. Berry was then arrested and charged upon release.

He has now secured counsel and will be appearing in court again on Feb.22.


 

keri.coles@oakbaynews.com

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

 

Just Posted

Legalization at the legislature: Victoria celebrates with free cannabis

Longtime cannabis activist Dana Larsen hands out free joints, seeds, plants

B.C. moves ahead with speculation tax despite mayors calling for changes

Oak Bay mayor says he was hoping for a different outcome

UPDATE: Pat Bay Highway traffic moving again after motorcyclist rear-ended

Three vehicle collision stalled traffic in southbound lane Wednesday shortly before 4 p.m.

MP calls federal government’s cannabis pardon ‘half-baked’

Murray Rankin introduced bill to expunge criminal possession records for free

Debit now accepted onboard BC Ferries

Company is giving customers option to use Interac on two-month trial on select vessels

Watch: Saanich responds to mock emergency for ammonia Leak

Hazmat suits, emergency centre respond to mock ammonia leak

Find your future at Black Press career fair in Victoria

More than 70 booths expected at Bay Street Armoury on Oct. 25

Jagmeet Singh says marijuana pardons are not enough

Trudeau government will streamline pardon process for Canadians convicted of simple possession of marijuana in the past

POLL: Do you support amalgamation for communities in the Capital Region?

Residents in Victoria and Saanich will be voting on Oct. 20 on… Continue reading

VIDEO: Courtenay marks legalization by passing out free joints

Leaf Compassion celebrates new marijuana law in Courtenay

Caregivers banned from smoking, growing cannabis around children-in-care: MCFD

Ministry has limited cannabis use for caregivers, stating it may “pose a risk to children and youth.”

Jusu adds hemp extract to the menu in Greater Victoria

Food and beverage product to be enhanced with hemp extract

Cheaper strains sell out within minutes on online BC Cannabis Store

Province says new strains will become available in the coming months

Only 40% of B.C. car dealerships have electric cars available: report

Researchers found buyers frustrated at the lack of options

Most Read