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Oak Bay father accused of murders describes moment he says he was attacked
Published Tuesday, August 27, 2019 6:41PM PDT Last Updated Tuesday, August 27, 2019 6:53PM PDT
Six-year-old Chloe Berry, left, and four-year old Aubrey Berry are seen in these undated photos. (Handout)
An Oak Bay father accused of murdering his two young daughters took the jury through his version of the attack on Tuesday.
Andrew Berry told the court his daughters entered his apartment about one minute before he did on Christmas Day 2017. He followed them after collecting their snow gear in the hallway.
Berry testified that it was the last moment he saw his daughters alive.
He told the court he entered his bedroom, intending to get his cellphone, which he normally kept there.
Upon entering his room, he says he was tackled by a man from his right side and thrown onto his bed.
Berry testified that the man held his chin and stabbed him in the throat.
He described the attacker as having dark hair and dark skin. Berry said he did not resemble the loan shark named Paul whom he'd told the court about previously nor either of the two henchmen he says were associated with Paul.
Berry testified that after being stabbed while in his bedroom he lost consciousness before coming to and stumbling into his daughter Chloe's room, where he says he discovered her dead.
Berry said he then made his way into his kitchen where he grabbed a knife, and was then pushed down by the same assailant. He said his attacker stabbed him again at this point.
The accused testified that he then lost consciousness again before waking up naked in his bathtub to the sound of someone yelling "police, police." He said he was being shaken and heard someone say, "That's the guy who killed his kids."
Berry testified that he then lost consciousness once more, before waking up in the hospital after surgery on his throat.
Crown counsel Patrick Weir challenged Berry about multiple wounds on his neck which the Crown alleges were "hesitation marks," caused by Berry stabbing himself lightly before he worked up the courage to plunge the knife deep into his neck.
The Crown also discussed the 16 cuts to Berry's upper chest, all but one of which were relatively shallow – about two centimetres deep. Berry said he had no recollection of those cuts being inflicted.
The Crown also challenged Berry on why his alleged attacker wouldn't have stabbed him to death during one of the occasions that he says he lost consciousness. Berry acknowledged that he would have been vulnerable to that.
Andrew Berry has pleaded not guilty to two counts of second-degree murder in the deaths of four year-old Aubrey and six year-old Chloe, whose bodies were found in their beds in Berry's Beach Drive apartment.
Berry is due back on the stand Wednesday for more cross-examination.