Andrew Berry, centre, appears in B.C. Supreme Court in Vancouver on Tuesday, April 16, 2019. A Crown lawyer says a Vancouver Island father stabbed his young daughters dozens of times before attempting to kill himself on Christmas Day in 2017. Clare Jennings delivered her opening statement to a B.C. Supreme Court jury in Vancouver at the start of the trial for Andrew Berry, who has pleaded not guilty to two counts of second-degree murder. (Felicity Don/The Canadian Press)

Oak Bay father’s testimony at murder trial like plot of ‘bad low-budget movie:’ Crown

Crown alleged Andrew Berry’s ‘entire story of Christmas Day is a lie’

A father accused of murdering his two daughters has told his trial a “yarn” about the day the girls were killed, a Crown attorney argued Friday.

Patrick Weir alleged in his closing arguments in the B.C. Supreme Court that Andrew Berry is responsible for the deaths of his daughters on Christmas Day in 2017 in Oak Bay, near Victoria.

As Christmas Day loomed, Berry was “so destitute he didn’t even have food for the girls” and he had no one he could turn to for help, Weir told the jury.

Berry has testified that he owed thousands of dollars to a loan shark named Paul and that he was attacked in his apartment by a “dark haired, dark skinned” man on the day of his daughters’ deaths.

He has pleaded not guilty to two counts of second-degree murder in the stabbing deaths of four-year-old Aubrey Berry and six-year-old Chloe Berry.

In his testimony, Berry told the jury that two henchmen connected to the loan shark visited his apartment and stored a bag of drugs there in the months before the attack on Christmas Day.

Weir said Berry’s testimony was ”like the plot from a bad low-budget movie.”

“Like everything in his life, he wouldn’t accept his responsibility,” he said. “There was no Paul … no dark-skinned child murderer… .”

Weir alleged Berry’s “entire story of Christmas Day is a lie.”

READ MORE: Defense says burden of proof not met in double murder case against Oak Bay father

“It’s self-serving, illogical and at some points defies the laws of physics,” he said. “Ladies and gentlemen, this attack simply didn’t happen.”

How is it that Berry could remember a doctor’s exact words when he was in the hospital after he says he was stabbed but cannot provide more than a “generic” description of Paul than “tall, Chinese, and in his 50s,” Weir asked.

“He has no explanation of things that cry out for explanation,” Weir told the jury. ”Andrew Berry’s evidence is selective and it’s self-serving.”

Weir said evidence presented during the trial showed the father tried to kill himself after killing his daughters, but “in the end, Mr. Berry was destined to survive this nightmare he created.”

When Weir cross-examined Berry, he suggested the accused had stopped opening mail, paying bills and ignored a Christmas invitation from his sister in 2017 because he had decided to end his life.

Berry denied he was planning to kill himself.

“He cannot be believed, and his evidence cannot raise a reasonable doubt. His story has conflicts at every turn,” Weir said.

It is an “elaborate yarn,” he said.

The only person who knows what happened on that Christmas Day in 2017 is Berry, Weir told the court.

But the only reasonable conclusion is that “Berry took the lives of his girls,” he said.

Weir said the motive for the murders was Berry’s ”long-simmering animosity” towards his estranged wife, Sarah Cotton.

Berry believed she wanted to get him out of their daughters’ lives, he said.

Weir said Berry believed he would lose custody of the girls after that Christmas.

“If he couldn’t have them, Sarah couldn’t either,” he told the jury.

Hina Alam, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Voters in Saanich North and the Islands, here lining up outside Sidney’s Mary Winspear Centre on the first day of advanced voting, are among the provincial leaders in getting in their votes early, with some 20 per cent (10,174) of eligible voters have already cast their ballots. (Wolf Depner/News Staff)
It’s Election Day in B.C.: Here’s what you need to know to vote

B.C.’s snap election has already broken records for advance voter turnout, mail-in ballots

Shay Baker, 17, hasn’t been seen or heard from since Oct. 21 and is wanted on outstanding warrants. (Victoria Police Department)
Victoria police searching for high-risk missing youth

Shay Baker, 17, is wanted on outstanding warrants

Plastic Ocean by Oak Bay resident Gabriela Hirt is in the Federation of Canadian Artist’s “Crisis” exhibition on now in Vancouver. (Gabriela Hirt/cropped to fit)
Oak Bay artist wins juried show in Vancouver

Pair of Oak Bay artists part of ‘Crisis’ exhibition

The M’akola Housing Society is looking to build two new residences in Sooke to help provide affordable accommodation for local Indigenous people. The projects were granted nearly $1.1 million toward their construction through the Regional Housing Trust Fund. (Photo courtesy M’Akola Housing Society)
Regional Housing First Program strikes another chord in Greater Victoria

Affordable housing partnership grants will help house over 100 people on income assistance

Online reservation service, First Table, allows Victoria diners to have dinner at half-price if they’re willing to be flexible about when they go. (Black Press Media file photo)
New reservation service allows Victoria residents to dine out at half price

First Table gives Victoria diners 50 per cent off when they book tables during off-peak hours

B.C. provincial health officer Dr. Bonnie Henry gives a daily briefing on COVID-19 cases at an almost empty B.C. Legislature press theatre in Victoria, B.C., on March 25, 2020. (Don Craig/B.C. government)
B.C. sees 223 new COVID-19 cases, now 2,009 active

Two new care home outbreaks in Surrey, Burnaby

Advance polls are open from Oct. 15 to 21 with election day on Oct. 24. (Black Press Media file photo)
BC Liberals Leader Andrew Wilkinson, BC Greens Sonia Furstenau, BC NDP John Horgan (The Canadian Press photos)
British Columbians vote in snap election called during COVID-19 pandemic

At dissolution, the NDP and Liberals were tied with 41 seats in the legislature, while the Greens held two seats

100 Mile Conservation officer Joel Kline gingerly holds an injured but very much alive bald eagle after extracting him from a motorist’s minivan. (Photo submitted)
B.C. driver thought he retrieved a dead bald eagle – until it came to life in his backseat

The driver believed the bird to be dead and not unconscious as it turned out to be

White Rock RCMP Staff Sgt. Kale Pauls has released a report on mental health and policing in the city. (File photos)
White Rock’s top cop wants to bill local health authority for lengthy mental-health calls

‘Suggestion’ included in nine-page review calling for ‘robust’ support for healthcare-led response

A Le Chateau retail store is shown in Montreal on Wednesday July 13, 2016. Le Chateau Inc. says it is seeking court protection from creditors under the Companies’ Creditors Arrangement Act to allow it to liquidate its assets and wind down its operations.THE CANADIAN PRESS/Ryan Remiorz
Clothing retailer Le Chateau plans to close its doors, files for CCAA protection

Le Chateau said it intends to remain fully operational as it liquidates its 123 stores

Green party Leader Sonia Furstenau arrives to announce her party’s election platform in New Westminster, B.C., on October 14, 2020. THE CANADIAN PRESS/Jonathan Hayward
B.C. Green party says it’s raised nearly $835,000 in 38 days

NDP Leader John Horgan is holding his final virtual campaign event

U.S. border officers at the Peace Arch crossing arrested two men on California warrants this week. (File photo)
Ottawa predicts system delays, backlogs unless court extends life of refugee pact

Canada and the United States recognize each other as safe places to seek protection

The possibility of the Canadian Premier League expanding to the Fraser Valley has been floated online. (Facebook photo)
Canadian Premier League possibly eyeing Fraser Valley expansion

Soccer league looking to add ninth team to the mix, B.C. markets potentially rumoured

Most Read