A former Capilano College instructor and acting coach has had his sentencing for sexually abusing five girls delayed in B.C. Supreme Court.
A hearing for Michael Berry, 73, was to have started Monday morning before Justice Paul Williamson, who in April found Berry guilty of sexually abusing four girls in incidents dating back more than 30 years. Berry previously pleaded guilty to a charge of gross indecency in relation to a fifth girl.
During the trial, Crown prosecutor Elliott Poll told the judge that all of Berry's victims came from deprived backgrounds, and that many of the girls were promised gifts and money in exchange for sex.
Most of Berry's victims were between 10 and 13 at the time he had sex with them.
The victims, now adult women, testified against Berry during a trial that took six years to make its way to court.
On Monday, they expected Crown counsel Elliott Poll to outline why Berry, currently free on bail, should spend considerable time in jail for his crimes.
Instead, Berry's defence lawyer, Ray Enright, told the judge he had to withdraw from Berry's case over an issue that arose during a meeting with Berry last week. Enright said he couldn't elaborate on the issue, but indicated it was serious and that he'd consulted with other senior lawyers before deciding to bow out. "It goes to the very heart of the solicitor-client relationship," he said.
Enright added because Berry doesn't have the money to hire his own lawyer, he will have to apply for legal aid.
Williamson said he found the turn of events "very troubling," adding he wanted the sentencing rescheduled for as soon as possible.
Lengthy delays have dogged the case ever since police arrested Berry at his Horseshoe Bay home in May 2005. Berry tried to have the case delayed three years ago, arguing in provincial court that his charter rights were violated when he was denied legal aid because his income is not low enough. He asked for his case to be halted until the court could find him a publicly funded lawyer.
But a judge denied Berry's application, saying any hardships he faced were of his own making.
Berry, who entered the courtroom on Monday in a wheelchair and looking frail, has been suffering from a series of medical problems that have had an impact on the court case. During the trial last fall, Berry's lengthy videotaped statement to police was played for the judge in Berry's absence after Enright told Williamson his client was too ill to attend court.
On Monday, Berry asked the judge to consider a variety of medical procedures he has scheduled over the next two months when choosing court dates.
"These are important to me," said Berry, adding he usually can't stay awake in the mornings after he takes medication.
But the judge told Berry, "There are other things that are important too."
When it does go ahead, part of the sentencing hearing is expected to focus on the kinds of medical care available to Berry in prison.
Williamson gave Berry two weeks to get going on finding a new lawyer to represent him at the sentencing hearing.
jseyd@nsnews.com
