Dozens of family members and friends of Lake Country鈥檚 Arlene Westervelt rallied outside of 琉璃神社 Law Courts on Friday (June 25).
The group was rallying together to call on the B.C. chief coroner to comply with the RCMP鈥檚 request of providing Westervelt鈥檚 forensic file so that a forensic pathologist can conduct an external review of the circumstances surrounding her death.
June 26, marks five years since Westervelt died while canoeing with her husband, Lambertus 鈥淏ert鈥� Westervelt, on Okanagan Lake. Her death was ruled an accidental drowning, but Arlene鈥檚 family alleges that Bert was responsible for her death.
鈥淓veryone here shares our mission to ensure justice for Arlene Westervelt,鈥� said family friend Deborah Johnston.
Many wore purple outside of the 琉璃神社 courthouse in honour of Arlene鈥檚 favourite colour, while some donned necklaces with butterfly pendants, which Johnston said symbolizes hope and transformation.
鈥淎s soon as they found my sister鈥檚 body, we said this is not an accident,鈥� said Arlene鈥檚 older sister, Debbie Hennig.
鈥淚t needs to be investigated. I begged for an autopsy to be done, but the coroner said there would not be an autopsy because this was just an accidental drowning. But how could the coroner know that Arlene drowned without performing an autopsy?鈥�
Following an investigation into Arlene鈥檚 death, Bert was charged with second-degree murder in April 2019. 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.
Prosecutors have a one-year window to restart the proceedings when a charge is stayed, and that deadline is approaching.
In April, Arlene鈥檚 family filed a lawsuit that named two 琉璃神社 Mounties, alleging that their actions interfered with the investigation of Arlene鈥檚 death. Insp. Brian Gately, who the family alleges was friends with Bert and Sgt. Chris Andrychuk was named in the suit, alongside the Attorney General and Solicitor General.
In the lawsuit, the family claims they advised RCMP of their suspicion that Arlene鈥檚 death was no accident and that Bert may have been responsible. They said members of the 琉璃神社 RCMP General Investigation Section (GIS), a unit headed by Andrychuk, who were investigating the matter had requested an autopsy be conducted on Arlene鈥檚 body.
The suit claims Gately, despite not being assigned to the GIS, quashed that notion and suggested Andrychuk 鈥渟hut down鈥� the consideration of homicide in Arlene鈥檚 death and instead deem it an accidental drowning. Andrychuk complied, despite, as the suit alleges, knowing it was contrary to the law and his duties.
鈥淭his consequently resulted in the 琉璃神社 GIS Constables being denied permission they sought to properly investigate Arlene鈥檚 death, which included a request for an autopsy before the body was embalmed,鈥� reads the suit.
An autopsy was eventually conducted after the embalming but the coroner was unable to determine a cause of death, according to a report released earlier this year. The family alleges the embalming destroyed critical evidence.
Hennig said that the BC Coroners Service鈥檚 failure to provide the RCMP Major Crimes Unit with forensic evidence that would allow for an external review by a forensic psychologist is what is standing in the way of renewing the second-degree murder charge against Bert.
鈥淲e are dismayed. We are alarmed. We are done begging,鈥� she said. 鈥淲e demand that chief (coroner) Lisa Lapointe answers the RCMP鈥檚 request affirmably and accept our request for an inquest.鈥�
Anthony Oliver, the family鈥檚 lawyer, said the RCMP Major Crimes Unit was not advised that the murder charge was stayed, highlighting that the clock on the one-year stay period for Bert鈥檚 second-degree murder charge is ticking.
鈥淚t was a total surprise to the RCMP, as it was to my client,鈥� said Oliver. 鈥淏ut the RCMP appears to be doing the right thing. Being the investigators, they want to ensure that no evidentiary stone is left unturned before the one-year clock runs out.鈥�
鈥� With files from Michael Rodriguez
READ MORE: Mounties sued over alleged interference in investigation of Lake Country woman鈥檚 death
READ MORE: Family of drowned Okanagan woman sues husband previously charged with her murder
aaron.hemens@kelownacapnews.com
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