Constables Dion Birtwistle and Markus Lueder took the stand Wednesday during the fourth week of the double murder trial for Oak Bay father Andrew Berry. (Keri Coles/News Staff)

Constables Dion Birtwistle and Markus Lueder took the stand Wednesday during the fourth week of the double murder trial for Oak Bay father Andrew Berry. (Keri Coles/News Staff)

Andrew Berry’s lawyer draws comparison to Oak Bay ‘stabbing attack’ of woman earlier that year

“Nobody has been arrested or charged for it, right?’ defence lawyer asks

WARNING: This story contains disturbing details and graphic content.

The jury for the Supreme Court double murder trial of the Oak Bay father accused of killing his two young daughters on Christmas Day 2017, heard from two police constables Wednesday during the fourth week of the trial.

Constable Dion Birtwistle was first to take the stand. He testified that he arrived shortly after 6 p.m. on Christmas Day to Andrew Berry’s Beach Drive apartment, where Berry’s young daughters, four-year-old Aubrey and six-year-old Chloe were found dead and Berry was found seriously injured.

RELATED: Court hears paramedic feared for safety of first responders at Oak Bay murder scene

Birstwistle explained that part of his role that day was to get the unit numbers of the first ambulance attendants on scene so investigators could follow up with them.

He was also tasked with speaking to residents to get pertinent information about what had happened at the apartment.

In a task report, it was noted that one resident, Graham Bell, mentioned he saw two women earlier in the day looking into the windows of Berry’s apartment.

“The women did not appear to be distressed, but more trying to get the attention of whoever was inside,” said co-defence counsel Ben Lynskey, asking Birstwistle to confirm the resident’s statement in the report.

READ ALSO: Oak Bay Sgt. struggles through emotional testimony in double murder trial

At one point while at the apartment, Birstwistle went into the back parking lot to look for Andrew Berry’s car.

“I was unsure whether or not we had an outstanding vehicle that may have another victim in it or another scene or whether or not it had been removed,” said Birtwistle. “We were told on route that there were multiple victims in the suite.”

Consulting his notes from the night, Birtwistle testified that when he arrived on scene other police members were inside the apartment building and a male Oak Bay police officer in the doorway to Berry’s apartment said there was a male in the bedroom who may still have a knife.

Oak Bay Const. Markus Lueder took the stand next, testifying that he arrived at the Oak Bay Police Department at 7:40 p.m. on Christmas Day 2017. While not on shift, he had been called in by Oak Bay Sgt. Angus Wagnell.

“I was called at home on Christmas Day by Sgt.Wagnell who told me there had been a murder of two young sisters in Oak Bay and their father was injured and he asked if I could come and assist at the Oak Bay Police Department,” testified Lueder.

He described attending the apartment building during the days following the crime to provide assistance with scene containment. One of those jobs was to prevent foot traffic around Berry’s bedroom windows. The area was cordoned off with police tape.

“They did not want anybody looking into those windows,” said Lueder.

READ ALSO: Juror dismissed from Andrew Berry double murder trial

During cross-examination, defence counsel Kevin McCullough asked if Lueder had done scene containment previously.

“Particularly I want you to think about April 25, 2017. You know what I’m talking about right?” McCullough asked Lueder.

“Yes. The incident on the Esplanade,” said Lueder.

“That was a stabbing, an attack, of a woman in her home, where she was stabbed and slashed,” said McCullough, noting that is was less than a kilometer away from Andrew Berry’s apartment and similarly along the water.

“That’s correct,” said Lueder.

“We know that nobody has been arrested or charged for it, right?” said McCullough.

Lueder confirmed that the investigation is still ongoing.

RELATED: ‘Horrific attack’ in Oak Bay remains a mystery

When asked if he had, at any point, gone into Andrew Berry’s apartment, Lueder said he had not.

“Did you go in for a peek?” asked McCullough. Lueder confirmed he had not entered the unit and said he didn’t want to “see a peek.”

“You never saw any of the blood in the apartment, or the bodies or anything like that. Is that right?” asked McCullough. “You weren’t traumatized.”

“The reason they didn’t want foot traffic by those windows is because there was a thought that people could see inside the windows. There are blinds on the windows so if you are looking from a distance you couldn’t see a thing,” said Lueder. “I did look inside, real brief, to see if that was actually true, if you could look into the windows and into the room or not. I did see blood and I saw some blond hair. I turned my head, ‘I don’t need to see this.’”

Defence questioned Lueder about something he wrote in his notebook: murder suicide attempt. McCullough asked who told Lueder it was a murder suicide.

While he couldn’t remember who told him, it was framed as “likely what we were dealing with,” but Lueder stressed that it was not a conclusion.

McCullough spent an extensive amount of time questioning Lueder about who assigned him to go to the hospital to stay with Andrew Berry on the night of Dec. 25.

Lueder repeatedly responded that he could not remember who sent him. He became visibly exasperated when the same question continued to be asked over and over.

At 11 p.m. on Christmas Day, Deputy Chief Ray Bernoties called Lueder and directed him to leave the operating room area where Berry was receiving medical attention, making sure to have no contact with Berry, and told him to come back to the station.

Lueder expressed to a nurse at the hospital concerns that Berry might attempt to commit suicide in the hospital. He expressed the same thing to Detective Kathleen Murphy of the Vancouver Island Integrated Major Crime Unit who he saw on his way out of the hospital that night.

“You didn’t express to a nurse or anyone at the hospital that there was an ongoing police investigation and Berry was a victim of an attack?” asked McCullough.

“I did not discuss any particulars of that file at the hospital,” said Lueder.

andrew berryOak Bay double homicide

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

My FED Farm, created by Food Eco District (FED), is aiming to help people affected by the COVID-19 grow food in their own back yard. The program is in collaboration with Sooke Region Food CHI, Transition Sooke and the Sooke Garden Club. (File - Black Press Media)
Sooke backyard food program returns

The Sooke Backyard Food Program is returning for a second year. Sooke… Continue reading

Father Marinaldo Batista, who served at Catholic parishes in Saanich and Sooke, died April 1 in Brazil from complications of COVID-19. (Facebook/St. Elizabeth Church)
Brazilian priest who served in Saanich and Sooke dies from COVID-19

Father Marinaldo Batista, 53, went to Brazil to visit his parents and died there April 1

Colwood resident Maria Curcic shows off a one-of-a-kind hat that she created. Curcic is one of several artists that took part in the annual Stinking Fish Studio Tour. (Contributed - Maria Curcic)
Curtain closes on Stinking Fish Studio Tour

The Stinking Fish Studio Tour will live on through the lasting legacy… Continue reading

Colwood restaurants can use city property for patios. (Black Press Media file photo)
Temporary patios back on for Colwood restaurants

Council voted to extend temporary permits to 2022

A photograph of the real firearm beside the replica firearm seized by VicPD in the early hours of April 18. (Courtesy VicPD)
Police seize loaded firearm, drugs during traffic stop in Victoria

Officers find cocaine, methamphetamine and fentanyl along with loaded handgun

Public health restrictions on non-essential travel and vacation bookings are being increased in B.C. (B.C. government)
Out-of-region B.C. vacation bookings, RV ferry reservations to be refused, Horgan says

B.C. extends COVID-19 indoor dining, group fitness ban until May 25

(New Westminster Police)
4 youth arrested after 30-person brawl in New Westminster leaves 1 seriously injured

Police are looking for witnesses who saw the incident take place

South Surrey’s Paul Cottrell, who works with the DFO, tows a grey whale out of Semiahmoo Bay Sunday. (Contributed photo)
Dead whale floating near White Rock towed to shore for necropsy

Animal has been dead since at least April 15

Wickaninnish (Clifford Atleo) plays the drum while singing the Nuu-chah-nulth song on the court steps in Vancouver In a picture from April 2018. Photo credit, Melody Charlie.
Five western Vancouver Island First Nations celebrate legal fishing victory

Court ruling confirms Nuu-chah-nulth fishing rights in case dating back to 2003

Sunday’s storm rocked one of the ferries crossing Kootenay Lake. Photo: Dirk Jonker
VIDEO: Storm makes for wild ferry ride across Kootenay Lake

The video was captured by ferry employee Dirk Jonker

Dr. Bonnie Henry gives her daily media briefing regarding Covid-19 for the province of British Columbia in Victoria, B.C, Monday, December 7, 2020. THE CANADIAN PRESS/Jonathan Hayward
BREAKING: Toddler marks youngest British Columbian to die related to COVID-19

Child one of eight people to die from virus this weekend

Chakalaka Bar & Grill remains open in defiance of orders from Island Health to close. (Cole Schisler photo)
Island Health seeks injunction against restaurant defying COVID-19 orders

VIHA says Ladysmith-area Chakalaka Bar and Grill also violating water and sewer regulations

Pharmacist Barbara Violo arranges all the empty vials of the Oxford-AstraZeneca COVID-19 vaccines that she has provided to customers at the Junction Chemist which is a independent pharmacy during the COVID-19 pandemic in Toronto, on Monday, April 19, 2021. THE CANADIAN PRESS/Nathan Denette
B.C. to open up AstraZeneca vaccines for all people 40+, set up clinics in hot spots

A total of 13 neighbourhoods and communities will receive the AstraZeneca vaccine

Most Read