Officer sued over investigation of 2016 death on Okanagan Lake

Photo: Nicholas Johansen

Arlene Westervelt's body was recovered from Okanagan Lake in June 2016.

The family of a woman who died in Okanagan Lake in 2016 has filed a lawsuit against a former RCMP officer, alleging police interference in the investigation of the death.

Arlene Westervelt's body was found in Okanagan Lake off Okanagan Centre Road on June 27, 2016, after she died while canoeing with her husband Bert Westervelt.

Police initially called her death a “tragic accident,” but almost three years later, Bert was charged with the second-degree murder of his wife. In July of last year though, the Crown stayed the charge, only saying they had received “new information.”

Last week, Arlene's mother and two sisters filed a civil suit against former RCMP inspector Brian Gateley, as reported by CTV News.

“They’re seeking an examination into whether the police procedures that were followed were proper from the outset and all the way through,” the family's lawyer John Cameron told CTV News. “And that’s something that they’ve been worried about for some time now.”

In the notice of civil claim, the family claims RCMP Inspector Gateley was a friend of Bert Westervelt, and there was move to “shut down” the consideration that Arlene's death was a homicide.

“This consequently resulted in the Kelowna GIS (General Investigation Section) Constables being denied permission they sought to properly investigate Arlene’s death, which included a request for autopsy before the body was embalmed,” the court document states. “As a result...critical evidence in relation to Arlene’s death was lost.”

A coroner's report from earlier this year found hemorrhages along Arlene's neck, which “can be associated with physical compression of the neck.” But an official cause of death was not determined.

No statements of defence have been issued yet in response to the recent notice of civil claim, and neither Gateley nor Bert Westervelt responded to CTV's requests for comment on the matter.

Last month, Arlene’s mother Jean Hennig also filed a suit against Bert, seeking a declaration that he killed Arlene and that he return any assets he inherited from her.

“The family is essentially living with this nightmare without answers all this time,” Cameron said. “There has been really no peace for them.”

A charge that has been stayed by the Crown can be brought back before the courts within one year.

– with files from CTV Vancouver