Although the one-year window for the stayed murder charge against Lambertus (Bert) Westervelt expired on Wednesday (July 14), the BC Prosecution Service said that the passing will have no impact on the case of Arlene Westervelt鈥檚 death.

This past June 26, marked five years since Arlene died while canoeing with her husband Bert on Okanagan Lake. Her death was ruled an accidental drowning, but Arlene鈥檚 family alleges that Bert was responsible for her death.

Bert was charged with second-degree murder in April 2019, following an investigation into Arlene鈥檚 death. The Crown stayed that charge in July 2020 and did not provide a reason for the stay of proceedings, only stating that 鈥渘ew information鈥� came to light, making conviction unlikely.

READ MORE: Charge stayed against Lake Country man accused of killing his wife

Prosecutors have a one-year window to restart the proceedings when a charge is stayed, and that deadline passed on Wednesday.

However, Dan McLaughlin, the communications counsel for BC Prosecution Service, said that the investigation into Arlene鈥檚 death remains open, adding that there is no limitation period on a charge of homicide.

鈥淪hould the investigation result in evidence, against anyone, that is sufficient to meet the charge assessment standard, Crown Counsel could lay a new information and proceed with a prosecution at that time,鈥� said McLaughlin.

Referencing Section 579 of the Criminal Code, he said that stayed information is permitted to be recommenced within one year.

鈥淚t does not create a limitation date for a homicide charge and would not preclude the Crown from proceeding with a new charge at a later date should further investigation result in recommended charges,鈥� he said.

Arlene鈥檚 family has been informed of this information, he added.

Capital News has reached out to Anthony Oliver, the family鈥檚 lawyer, for a comment. This story will be updated once more details are provided.

READ MORE: Protesters call for justice for drowned Lake Country nurse at 琉璃神社 courts

aaron.hemens@kelownacapnews.com
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