The defence counsel for the Oak Bay man accused of killing his two young daughters on Christmas Day criticized police following a scheduled court appearance.

Andrew Berry, charged with two counts of second-degree murder in the deaths of his daughters Chloe, 6, and Aubrey, 4, appeared by video at the Victoria Courthouse Thursday.

Berry, 44, wore a sleeveless black shirt and had short dark hair, and didn't say anything or move during his brief appearance.

When asked how his client was doing in jail, Berry's lawyer Kevin McCullough said, "For a person that's never spent a day in custody, it's very difficult."

McCullough said he hoped for a speedy trial and that it appeared Crown was delaying the case.

He spoke in and out of court about how Berry deserves a fair trial.

"I know it's very difficult but I'm still very hopeful that the presumption of innocence is alive and well and that people don't pre-judge this matter," McCullough said.

He also criticized police for their handling of the case, taking issue with their announcement after Berry had been arrested that no other suspects were being sought in the killings.

"There's a danger in that, and the danger is you're trying to argue the case or shape it or convince the public that you've done your job and that all is well and that matters are firmly in hand," said McCullough. "It makes the public think that the person arrested is guilty, and that's just not fair."

The girls' bodies were found on Dec. 25 in an apartment in Oak bay and a public funeral was held for them earlier this month at Christ Church Cathedral.

Berry remains in custody and has a court order to have no contact with Sarah Cotton, the girls' mother who he separated from in 2013.

His next court appearance is Feb. 22.