B.C.’s top court has dismissed an appeal by an Oak Bay man convicted of murdering his two young daughters on Christmas Day 2017.
A jury found Andrew Berry guilty in September 2019 of two counts of second-degree murder in the brutal stabbing deaths of his daughters six-year-old Chloe and four-year-old Aubrey.
Berry appealed the verdict, arguing the trial judge had improperly allowed statements Berry made at the crime scene to first responders, hospital staff and his sister.
Berry’s trial heard that he had said “leave me alone” and “kill me” when found with suspected self-inflected stab wounds in his bathtub. His lawyers argued accepting those statements violated Berry’s charter rights, because first responders and hospital staff could have been viewed as persons of authority.