Chief Justice defends judge in Berry 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 a 2016 custody trial 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

B.C. declares state of emergency as wildfires rage

More than 3,300 firefighters are battling more than 500 fires

Gitxsan chiefs ‘close’ territory to recreational fishery

DFO will not enforce the conservation measure that rejects data from Tyee Test Fishery

PHOTOS: Scenes from fifth annual Street Fair Medley

Downtown activities lasted from 10 a.m. to 10 p.m. on August 11

Golfer scores rare albatross on first hole

Skeena Valley golf course manager said it’s the first he’s heard of the shot made in Terrace

Australian firefighters join Telegraph Creek efforts

Regional district extends State of Emergency another week to Aug. 17

Average Canadian family spends 43% of income on taxes: study

Fraser Institute’s consumer report shows taxes accounting for larger chunk of income each year

Thieves steal supplies, tools and juice boxes from B.C. summer camp

‘Take a moment to think about who you stole from,’ says Burns Bog Society’s Mark Robertson

Are you prepared? Pet Safe Coalition gives tips on having and executing animal evacuation plans

Pet Safe founder Willow Eyford began evacuating her animals when alert was issued for her property

Women-owned businesses generate $68,000 less revenue than men’s: survey

When Dionne Laslo-Baker sought a bank loan to expand her burgeoning organic popsicle and freezies business in 2014, she was “shocked” by the feedback she received from one of the bankers.

Hedley frontman’s alleged sex offences case returns to court

Jacob Hoggard faces three sexual assault-related charges will return to a Toronto courtroom this morning.

Climate change likely to cause more sewage leaks, says environment minister

More than one hundred municipal wastewater systems did not report how much raw sewage overflowed from their pipes in 2017.

Priests molested 1,000 children in Pennsylvania, report says

The “real number” of abused children and abusive priests might be higher since some secret church records were lost and some victims never came forward.

Defiant as Trump rages, Omarosa says she won’t be silenced

Manigault Newman declared she will not be silenced by President Donald Trump, remaining defiant as her public feud with her former boss shifted from a war of words to a possible legal battle.

Death toll hits 39 in Italy bridge collapse; blame begins

The collapse of the Morandi Bridge sent dozens of cars and three trucks plunging as much as 45 metres (150 feet) to the ground Tuesday.

Most Read