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

Eagle tree cut down in South Surrey for ‘The Eagles’ development

Planned eagle preserve ‘a first for City of Surrey’

VIDEO: Burnouts in the Sky returns in honour of Bradley McPherson

Annual car show returns for first time since McPherson’s killer was convicted

Axe thrower finishes 30th at U.S. event

Surrey’s Tiffany Fatima may not have won, but she had ‘a lot of fun’

‘Do or die’ time for Whalley, who fell in first game of Little League World Series

Team Canada goes down to powerful Panama in Williamsport, plays Spain Saturday

Surrey looks to target illegal dumpers with surveillance cameras

Since 2007, illegal dumping has cost the City of Surrey more than $8.5 million dollars

VIDEO: North Delta celebrates International Cat Day

We asked our readers to send us photos of their feline friends and they did not disappoint

Canadians react to death of former UN secretary-general Kofi Annan at age 80

Nobel Peace Prize-winning former UN leader died early Saturday following a short illness

44 drownings so far this year in B.C.

Lifesaving Society urging caution to prevent deaths while on lakes, oceans and in pools

Some of B.C.’s air quality levels worse than Jodhpur, India

Okanagan, northern B.C. seeing some of the worst air quality globally

VIDEO: Ground crews keep a close eye on largest B.C. wildfire

Originally estimated to be 79,192 hectares, officials said more accurate mapping shows smaller size

Vancouver Island woman to attempt historic swim across Juan de Fuca Strait today

Ultra-marathon swimmer Susan Simmons to attempt to swim from Victoria to Port Angeles and back

Canadians believe in immigration but concerned about asylum seekers: study

Immigration, Refugees and Citizenship Canada paid for study to understand Canadian attitudes

These are the highest-paid actresses of 2018

In its list released this week Forbes said all 10 earned a total of $186 million before tax

VIDEO: World of Magic coming to Vancouver

Seven magic shows will appear at the Vancouver Playhouse from September 7 to 9

Most Read