Arlene Westerveltsa国际传媒 loved ones will finally see the police officer involved at the centre of a controversial investigation inside a Court of Law.
The family of Westervelt, a local woman whose body was found in Okanagan Lake, near Lake Country on June 26, 2016, now has dates for a pair of civil suits in Superior Court this spring.
Debbie Hennig, older sister of Arlene, verified that the first wrongful-death case involving Arlenesa国际传媒 husband Bert Westervelt is scheduled for March 24 in Vancouver with a second civil trial date on June 9 for Mountie Brian Gateley, who her family believes interfered in a homicide investigation.
Arlene was only 56 when she died after a day of canoeing and picnicking along the shores of Okanagan Lake with her husband. Her death was originally considered accidental, despite her family and friends鈥 frantic calls of foul play being ignored by RCMP before her body was recovered from the lake, later begging for an autopsy to be performed. Everything changed when a local lawyer came forward to RCMP stating Arlene was his client and had been in his office only five days earlier and was seeking legal advice on how to leave her husband.
It wasn鈥檛 until nine days after Arlenesa国际传媒 death and after her body had been embalmed (possibly compromising the results) an autopsy was ordered when Major Homicide Crime SED launched a homicide investigation and took possession of her body. Bert had said he didn鈥檛 want an autopsy because 鈥渟he鈥檇 already been through enough.鈥
In April 2019 Bert was charged with second-degree murder. His charges were stayed in 2020. To this day, the family remains in the dark as no reasons were given as to why the file was dropped.
Bert Westervelt maintains that his wifesa国际传媒 death was a tragic accident and not a homicide. He did not kill his wife, he declared in a one-on-one with Global News.
This case never made it into a court of law so all accusations against Bert have not been proven.
According to a report from the Office of the Police Complaint Commissioner, the day after her death Bert handed over Arlenesa国际传媒 locked cellphone to Gateley, who used RCMP Cellebrite technology, without a warrant to unlock her phone鈥 a violation of the Privacy Act.
The cellphone could possibly have been stocked with clues to her eventual death. Gateley then returned the phone to Bert and later it was confiscated for evidence during the homicide investigation.
Gateley, at that time, held the position of Superintendent in charge of E Division Combined Forces Special Enforcement Unit (CFSEU-BC) under the command of RCMP Deputy Commissioner and E Division Commanding Officer Brenda Butterworth-Carr. Gateley was later allowed to retire out the RCMPsa国际传媒 front door and was immediately hired by CFSEU-BCsa国际传媒 Board of Governance into another position of trust at the Organized Crimes Agency of British Columbia Gaming and Cannabis Licensing and Enforcement branch raising questions of potential breach of trust and conflict of interest by members of the board.
OCA-BC which is part of, and falls under, the CFSEU-BC umbrella.
鈥淲hy was Brian Gateley, the subject of an alleged police investigation regarding misconduct, allowed to retire and then be enriched with a position of trust at OCA-BC?,鈥 asked Hennig, in an interview for this article. 鈥淕ateley was allowed to double-dip drawing both his pension and a healthy salary at OCA-BC.鈥
For his actions with Arlenesa国际传媒 phone, Gateley only received a written reprimand.
Gateley is ducking all media requests. In a brief exchange with CTVsa国际传媒 W5, he expressed condolences to the family, but said he was unable to speak with the press due to it being before the courts.
鈥淚f this evidence came to trial and exposed all this bungling and cover-ups, that would be disastrous for public confidence in police and the justice system,鈥 Hennig told the CBC, one of three major outlets to cover what has since become a national news story.
鈥淭he only thing there needs to be is we have to go for an inquiry, absolutely an inquiry and total accountability,鈥 she said.
In his interview with Global, Bert said he and Gateley were acquaintances, but itsa国际传媒 been later proven 鈥 the family says -- that they were indeed close friends.
The case didn鈥檛 end there.
A coronersa国际传媒 report released in Jan. 2021, nearly five years after Arlenesa国际传媒 death, notes hemorrhages on the muscles of both eyes and her neck which suggests the possibility of strangulation. Hence, the new information should reopen the case. Instead, the family has heard only crickets.
Why did the BCCS refuse to allow a qualified, certified 鈥榓natomical鈥 forensic pathologist, an expert in drowning deaths review their findings in a second peer review as requested by lead homicide detectives?
鈥淲hat are they afraid of and what are they hiding?,鈥 Hennig asked.
Hennig has kept immaculate records throughout the ordeal. According to her correspondence, she has communicated with, MHC lead detectives, Crown Prosecutors, the now-retired Chief Coroner Lisa Lapointe, sa国际传媒 Premier David Eby, at the time Minister of Justice and Mike Farnsworth, the former solicitor general. All are refusing to support an independent investigation. Elenore Sturko, the new critic for the solicitor general and public safety is concerned, but has limited abilities as an opposition MLA.
Exhausting all resources, Arlenesa国际传媒 family says they had no other choice but to pursue civil action, in hopes of finally getting answers and gaining some form of justice.
Finding answers to Arlenesa国际传媒 death has become a full-time job for Hennig over the past eight years. She vows to never give up. Hennigsa国际传媒 husband remains supportive of her sleuthing, but he too is sometimes overwhelmed.
Another relative of Arlenesa国际传媒 -- a sister-in-law through marriage -- wasn鈥檛 as fortunate as her marriage eventually dissolved over a difference of opinion between she and her husband on how Arlene died.
Other mysteries surrounding Arlenesa国际传媒 death include: how a highly-skilled swimmer and canoeist could drown and why wasn鈥檛 she wearing a lifejacket which she always had in the past? Why was Bertsa国际传媒 story and recounting of events that day on the lake changing?
Why wasn鈥檛 a homicide investigation and an autopsy immediately ordered -- standard procedure for death on the water? What was Brian Gateleysa国际传媒 involvement? Why was the prosecution of Bert Westervelt stayed by Crown Counsel? Why was Gateley, the subject of a police complaint, allowed to retire and then be placed in another position of trust?
Bert claimed he wanted the phone unlocked because there were pictures of Arlenesa国际传媒 final day on it. Where are these photos now?
All media requests to the RCMP were passsed over to Staff Sgt. Kris Clark, senior media relations officer for RCMP E division.
鈥淭here was no evidence of any criminality with respect to the actions of any persons associated to this investigation aside from the person originally charged,鈥 Clark said in an email to Okanagan Newspaper Group.
鈥淚nvestigations are based on facts and follow the evidence, not speculation, so I will not comment on allegations made by those who do not have access to the full facts or evidence in this case,鈥 Clark said.
Hennig says, 鈥淣o family should ever have to go through what we have had to face with the loss of our loved one. Itsa国际传媒 been eight-and-a-half years of no answers, no accountability and no transparency from any agency and anyone concerned about the case can follow the 鈥淛ustice For Arlene鈥 Facebook page for updates. 鈥
They can also write to Premier Eby, Solicitor General Niki Sharma, newly-appointed BCCS Chief Coroner Jatinder Baidwan and newly-appointed Public Safety Minister and Solicitor General Gary Begg (a former Mountie) demanding a public inquiry into the manner in which this investigation was handled or mishandled by the RCMP, BCCS and Public Prosecution Services of sa国际传媒
Arlene Westervelt, a trained nurse and administrator with Interior Health in sa国际传媒 was a much-loved member of the community with a passion for fitness, adventure travel and the outdoors.
She and Bert were childless. Arlene is survived by her mother and two sisters.
Sunday, Dec. 29 would have been Arlenesa国际传媒 65th birthday.
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For more on Arlene's story from other outlets, here are the following links:
W5 Documentary: Aired: Jan. 2021
Crime Beat: Aired: April, 2022
New Reality: Aired: May 2022
The Tyee: A Flawed Autopsy. A Dropped Murder Charge by Jen St. Denis:
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To contact the premier's office: david.eby.MLA@leg.bc.ca
To contact the solicitor general's office: PSSG.Minister@gov.bc.ca
