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

WATCH: Teams gather in Comox for VEX competition

More than 40 teams across Vancouver Island and the Lower Mainland gathered… Continue reading

Dementia village planned for Comox hospital

Providence Health takes ownership of St. Joseph’s April 1

Vehicle crashes into ground floor of Comox retirement building Saturday

A driver narrowly avoided injury to herself or others as her vehicle… Continue reading

Comox Valley libraries have plenty to offer during Family Literacy Week

Colleen Nelson Special to The Record Do you have a young reader… Continue reading

Strong winds up to 100 km/h for parts of Vancouver Island

Wind warning in effect for north, east and west Vancouver Island into Saturday morning

VIDEO: Students in MAGA hats mock Native American at Indigenous Peoples March

Diocese in Kentucky says it is investigating the matter, caught on video by onlookers

Want to avoid the speculation tax on your vacant home? Rent it out, Horgan says

Premier John Horgan and Sheila Malcolmson say speculation and vacancy tax addresses homelessness

Comox Valley libraries have plenty to offer during Family Literacy Week

Colleen Nelson Special to The Record Do you have a young reader… Continue reading

CONSUMER REPORT: What to buy each month in 2019 to save money

Resolve to buy all of the things you want and need, but pay less money for them

UPDATE: B.C. woman and boy, 6, found safe, RCMP confirm

Roseanne Supernault says both she and her six-year-old nephew are fine and she has contacted police

PHOTOS: Women’s Marches take to the streets across B.C. and beyond

Women and allies marched worldwide protesting violence against women, calling for equality

Anxiety in Alaska as endless aftershocks rattle residents

Seismologists expect the temblors to continue for months, although the frequency has lessened

Women’s March returns across the U.S. amid shutdown and controversy

The original march in 2017, the day after President Donald Trump’s inauguration, drew hundreds of thousands of people

Federal Liberals announce former B.C. MLA as new candidate in byelection

Richard Lee will face off against federal NDP leader Jagmeet Singh

Most Read