The family of the late Arlene Westervelt stands together in front of the Kelowna Law Courts on Sept. 14 to demand justice and answers as to why the BC Crown Prosecution Service has decided to stay the proceedings against Lambertus (Bert) Westervelt for the alleged murder of his wife Arlene. (Daniel Taylor - Black Press Media)

The family of the late Arlene Westervelt stands together in front of the Kelowna Law Courts on Sept. 14 to demand justice and answers as to why the BC Crown Prosecution Service has decided to stay the proceedings against Lambertus (Bert) Westervelt for the alleged murder of his wife Arlene. (Daniel Taylor - Black Press Media)

‘What changed?’ asks family of dead Okanagan woman after murder charge stayed

‘My sister… lost her life under very suspicious circumstances,’ said Arlene Westervelt’s sister

More than four years after Arlene Westervelt’s death, her family is still demanding justice and answers.

Her husband, Lambertus Westervelt, was charged with second-degree murder in April 2019 after an extensive investigation into Arlene’s June 2016 drowning death on Okanagan Lake. The Crown stayed that charge in July 2020 after more than a year of the matter winding through the courts.

The grieving family gathered on the steps of the Kelowna Law Courts on Monday, Sept. 14 — the day Westervelt was set to face a preliminary inquiry into the matter.

“My sister Arlene lost her life under very suspicious circumstances,” said Arlene’s sister, Debbie Hennig, during the gathering at the Kelowna Law Courts.

“He said she disappeared into the lake and was gone. We don’t believe it. We have never believed that. Arlene was too skilled to make such a rookie mistake. She was an experienced canoeist, a member of the rowing team (formerly for the University of Alberta), she knew how to swim and always wore a life jacket.”

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

Of particular concern to the family is what they heard at a bail hearing following Westervelt’s arrest.

During that hearing, the Crown presented the court with what Arlene’s family claims to be “evidence in support of the murder charge.”

That information is currently protected by a publication ban. As a result, the family is unable to comment on the evidence which they heard at that hearing but which they cannot easily forget.

Witnesses had already received subpoenas for the preliminary inquiry when Crown advised Hennig in July that they would stay the charge on the basis of “new information” which wasn’t detailed to the family.

“We were told they cannot give us that information,” Hennig said.

“We have been denied the right to hear evidence and understand how and why Arlene died. We have been denied the right to the trial process that would re-assure us justice has been served. Not only must justice be served, but it must be seen to be served. We haven’t received any justice, we’re in the dark. We need answers.”

Arlene’s family is now asking Crown to explain what happened at the eleventh hour to dismantle the proceedings.

READ MORE: Okanagan RCMP officer hailed as hero for saving home from fire

The BC Prosecution Service charge standard requires Crown to independently, objectively and fairly measure all available evidence against a two-part test which determines whether there is a substantial likelihood of conviction, and if so, whether the public interest requires a prosecution.

“This test continues to apply throughout any prosecution. Where this test is no longer met, it is appropriate for Crown counsel to direct a stay of proceedings,” said Alisia Adams, a spokesperson for the BC Prosecution Service.

Arlene’s family has since hired Alberta lawyer Anthony Oliver to represent their interests under both B.C.’s Victims of Crime Act and the Canadian Victims Bill of Rights. Oliver notes that a stay of charge may occur because it has become clear that something in the prosecution has gone wrong and new evidence is required to advance the case to trial.

Because the charges are stayed and not withdrawn, Oliver said, they are still technically active. Should Crown decide to advance its case against Westervelt, the charge that was previously stayed may be reactivated and he may once again be required to go to trial and face a verdict.

He also notes that in the case of a victim’s death, the relevant legislation protects the rights of a deceased person’s family to be informed about the investigation and prosecution at every stage of the proceedings. The legislation also allows the victim’s family to convey their views about decisions and be considered by authorities.

“Unfortunately, there has been very little communication by Crown with Arlene’s family, whose views don’t appear to have been considered,” Oliver said.

“As a result, the family has been further traumatized by a confusing and seemingly shadowy process.”


Daniel Taylor
Reporter, Kelowna Capital News
Email me at daniel.taylor@kelownacapnews.com
Follow me on Twitter

OkanaganRCMP

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

The trustees of the Spences Bridge Improvement District argue that one reason the EV charging station (l) should be moved is because it could compromise emergency response from the nearby fire hall. (Photo credit: Barbara Roden)
Time is running out for Spences Bridge EV charging station

Lease for the site runs out at the end of January and no new agreement has been reached

Areas in blue show properties in Cache Creek zoned C1, which the village’s Cannabis Regulatory Framework proposes as properties where retail cannabis stores could be sited. The area outlined with a dotted orange line shows a 200 metre buffer zone around Cache Creek Elementary School, within which no retail cannabis establishments could operate. (Photo credit: Village of Cache Creek)
Cache Creek council gets more input on cannabis regulations

Council considers options to regulate retail cannabis sales and production within the village

(from l) Gordon and Lee Berdan in front of the framed ensign from HMCS Sudbury which they recently presented to the Ashcroft Legion. (Photo credit: Barbara Roden)
Ashcroft Legion continues helping community in tough times

Branch now also displays a recently donated artifact from WW II corvette HMCS Sudbury

Odours emanating from the former Wander Inn restaurant in Cache Creek, which now houses a cannabis grow op, has spurred a petition asking for more regulations around the production of cannabis for personal medical use. (Photo credit: <em>Journa</em>l files)
Cache Creek council supports petition seeking cannabis regulation

Petition asks for reform to licensing, oversight of production of cannabis for personal medical use

Maj.-Gen. Dany Fortin, vice-president of logistics and operations at the Public Health Agency of Canada, speaks at a news conference on the COVID-19 pandemic in Ottawa, on Friday, Jan. 15, 2021. THE CANADIAN PRESS/Justin Tang
B.C. records 500 new COVID-19 cases Wednesday, 14 deaths

Outbreak at Surrey Pretrial jail, two more in health care

Darlene Curylo scratched a $3M ticket, BCLC’s largest ever scratch and win prize. (BCLC)
Kelowna woman in shock after winning BCLC’s largest-ever instant-ticket prize

Darlene Curylo couldn’t believe her eyes when she saw the amount of money she’d won from a scratch ticket

While each person has different reasons for becoming homeless, a UBCO study shows they learn through their interactions with different services to perform ‘as homeless’ based on the expectations of service providers. (Contributed)
Kelowna homeless forced to ‘perform’ for resources, says UBCO study

One participant in the study said ‘It is about looking homeless, but not too homeless’

Gov. Gen. Julie Payette takes the royal salute from the Guard of Honour as she makes her way deliver the the throne speech, Wednesday, September 23, 2020 in Ottawa. THE CANADIAN PRESS/Fred Chartrand
Gov. Gen. Julie Payette resigns, apologizes for ‘tensions’ at Rideau Hall

Payette, who is the Queen’s representative in Canada, has been the governor general since 2017

Grounded WestJet Boeing 737 Max aircraft are shown at the airline’s facilities in Calgary, Alta., Tuesday, May 7, 2019. WestJet will operate the first commercial Boeing 737 Max flight in Canada today since the aircraft was grounded in 2019 following two deadly crashes. THE CANADIAN PRESS/Jeff McIntosh
Passengers unfazed as WestJet returns Boeing 737 Max to service on Vancouver flight

After a lengthy review process, Transport Canada cleared the plane to return to Canadian airspace

The top part of the fossil burrow, seen from the side, with feathery lines from the disturbance of the soil – thought to be caused by the worm pulling prey into the burrow. (Paleoenvironntal Sediment Laboratory/National Taiwan University)
PHOTOS: SFU researchers find evidence of ‘giant’ predatory worms on ocean floor

Fossils found the prove the existence of an ancient Taiwanese worm as long as two metres

RCMP officers provide policing for 63 B.C. municipalities under a provincial formula based on population. (Black Press file photo)
B.C. communities warned of upcoming RCMP unionization costs

Starting salaries for city police officers are 30% higher

(Pxhere)
B.C. nurse suspended after using Tensor bandage to trap long-term care patient in room

Susan Malloch voluntarily agreed to a three-day suspension of her certificate of registration

Abbotsford’s Skully White (left), who donated his kidney in December, has started a campaign to find other recipients and donors. The first candidate is retired police officer Gavin Quon. White owns and operates a hotdog stand, Lullys Food Experience, out of the Abbotsford Canadian Tire parking lot. (Facebook photo)
After donating his kidney, Abbotsford hotdog king starts donor campaign

Skully White donated his kidney to customer Tim Hiscock in December

Most Read