Man charged in daughters’ deaths appears in court under heavy guard

An Oak Bay father charged with two counts of second-degree murder in the deaths of his two young daughters on Christmas Day appeared in Victoria provincial court Jan. 4 under heavy sheriff presence.

Andrew Berry, 43, a thin man of medium height with thick dark hair and blue eyes, looked around at a courtroom filled with reporters during his first court appearance. He appeared tired. A hand was bandaged but no other injuries were visible.

Berry is charged with murdering Chloe, 6, and Aubrey, 4. Their bodies were found by police at his Beach Drive apartment on Dec. 25. Berry was found by police in the apartment with selfinflicted injuries and was hospitalized. On Jan. 3, he was released from hospital, then arrested and charged.

During the brief court appearance, Crown prosecutor Jeni Gillings asked for Berry to be detained in custody. She also asked Judge Ron Webb to order Berry to have no contact with Sarah Cotton, his former partner and mother of the two girls. Those two orders were granted.

Berry was represented during his court appearance by in-custody duty counsel Jamie Dunlap. He asked for the case to be adjourned until Feb. 1 to give Berry time to contact and hire a lawyer.

Detectives from the Vancouver Island Integrated Major Crime Unit are investigating the deaths.

Second-degree murder is a deliberate and intentional killing that is carried out without planning. The minimum sentence is life in prison with no possibility of parole for 10 years, but sentences can be as long as life in prison with no possibility of parole for 25 years.

Sarah Cotton is establishing a memorial fund to honour her daughters. The Chloe and Aubrey Berry Scholarship Fund will support scholarships at Christ Church Cathedral School, on Vancouver Street, where Chloe was a student in Grade 1. Aubrey went to St. Christopher’s Montessori school in Oak Bay, which has preschool and kindergarten classes.

Donations to the scholarship fund can be made by credit card through the Victoria Foundation at 250-381-5532. Donations can also be made by sending a cheque to the Victoria Foundation, #200-703 Broughton St., Victoria, B.C., V8W 1E2. Please ensure the cheque is made out to The Victoria Foundation and note the Chloe and Aubrey Berry scholarship fund in the memo line or in a cover letter.