The lawyer for the Oak Bay, B.C., man charged with killing his two daughters on Christmas Day is critical of the way police have handled the case.
Outside court, McCullough would not comment on whether Berry plans to apply for bail.
"The accused is entitled to bring a bail application at any time".
"It's not fair to argue a case in the media".
"I know it's very hard 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.
Afterwards, his lawyer urged the importance to maintain a presumption of innocence for his client.
McCullough said it's up to the Crown to ask for psychiatric evaluations of fitness to stand trial. "Usually, murder bail hearings don't happen as instantaneously as bail hearings in provincial court on regular criminal offences".
McCullough would not say if Berry plans to plead guilty or not guilty to the murders of his daughters.
McCullough was asked if the defence would consider relocating the trial.
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 hard". I can tell you that in part, that's why I'm looking for a speedy trial.
"There are factors that can impact the location of a trial and one of them is whether there is a perception of bias in the community, or establishment of perception of bias", said McCullough. "We're establishing the perception of bias", said McCullough.
His hair had been cut since his last court appearance and he appeared unshaven.
"The citizens of Victoria are smart people and the citizens of Victoria are able, I hope, to ply the presumption of innocence and there's no reason to think that they can't".
Pictures and notes in from friends and classmates make up a memorial in support and memory of Aubrey Berry, 4, and her sister Chloe, 6, during a vigil held at Willows Beach in Oak Bay, B.C., on Saturday, December 30, 2017. He was arrested and charged after his release from hospital.