April 17, 2019 9:21 pm

Defence targets police ‘mistake’ in day 2 of Oak Bay father’s murder trial

Andrew Berry, centre, appears in B.C. Supreme Court in Vancouver on Tuesday, April 16, 2019. A Crown lawyer says a Vancouver Island father stabbed his young daughters dozens of times before attempting to kill himself on Christmas Day in 2017. Clare Jennings delivered her opening statement to a B.C. Supreme Court jury in Vancouver at the start of the trial for Andrew Berry, who has pleaded not guilty to two counts of second-degree murder. THE CANADIAN PRESS/Felicity Don


WARNING: This story contains details that some readers may find disturbing

The trial of an Oak Bay father accused of murdering his two daughters entered its second day Wednesday, with defence cross-examining the case’s first witness.

Andrew Berry’s lawyer questioned Oak Bay police Const. Pitor Ulanowski, and suggested that the force had made key errors.

Crown alleged that six-year-old Chloe was stabbed 26 times and her four-year-old sister Aubrey Berry was stabbed 32 times.

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READ MORE: Trial of Oak Bay father accused of murdering 2 daughters on Christmas 2017 begins

Const. Ulanowski, the first officer to enter the apartment, told the jury he didn’t know if Berry was a victim or a suspect.

Ulanowksi said that after he saw all the blood and one of the little girls lying in the dark, he closed the door and left because he considered it a crime scene and he was concerned for his safety.

Defence counsel Kevin McCullough said the apartment was right next to an exit door and several minutes went by before the officer returned.

“I can’t say that anybody came or left,” Ulanowski told the court.

“Would you agree with me, Const. Ulanowski, you made a significant mistake walking away from that door, which you just identified as a crime scene?” asked McCullough.

WATCH: Trial begins for Oak Bay father accused of killing daughters

“You should never have left that position, agreed?”

To which Ulanowski replied, “Should I have left the door? I left it.”

Defence was also highly critical of Deputy Chief Ray Bernoties for essentially telling the media the public was not at risk, just two hours roughly after the crime scene was discovered.

“I never seen him (Deputy Chief Bernoties) give that statement. Like I said, I wasn’t there when he did,” Ulanowski told the court.

“7:52 to 8:25 p.m. on December 25th, would be a pretty quick time to be wrapping up this case, don’t you think Const. Ulanowski?” asked McCullough.

“Are you asking my opinion?” Ullanowski replied. “Probably, yeah.”

Defence also said the two firefighters who carried Berry’s naked, wounded body out of the bathtub said, quote, “I think this is the guy who did it.”

Andrew Berry has pleaded not guilty to two counts of second-degree murder.

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