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. (Photo - Daniel Taylor)

‘What changed?’ asks family of dead Lake Country 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

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

Just Posted

Protest planned after Vernon man’s probation conditions lifted

Richard Slobodian had his probation order cancelled in B.C. Provincial Court Sept. 14

Stranger in truck grabs boy walking home from school in Kelowna

The 11-year-old boy escaped the incident, RCMP are investigating

Interior Health reports three additional COVID-19 cases in region

The number of cases in the region since the beginning of the pandemic are now at 492

Schubert Centre reopens with new chef, menu to serve Vernon

Farm-to-table focused chef aims to serve up more local eats to seniors, diners

COVID-19 minimizes Okanagan Regional Library budget increase

Library adapts to pandemic fiscal disruptions

3 new deaths due to COVID-19 in B.C., 139 new cases

B.C. confirms 40 ‘historic cases,’ as well

Supreme Court Justice Ruth Bader Ginsburg dies at 87

The court’s second female justice, died Friday at her home in Washington

‘This is a very difficult sentencing’; Judge delays Okanagan manslaughter trial to next week

The courts heard Friday that Bourque “did not intend to cause harm” but that her actions were “reckless”

Emaciated grizzly found dead on central B.C. coast as low salmon count sparks concern

Grizzly was found on Gwa’sala-‘Nakwaxda’xw territory in Smith Inlet, 60K north of Port Hardy

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

VIDEO: B.C. to launch mouth-rinse COVID-19 test for kids

Test involves swishing and gargling saline in mouth and no deep-nasal swab

Young Canadians have curtailed vaping during pandemic, survey finds

The survey funded by Heart & Stroke also found the decrease in vaping frequency is most notable in British Columbia and Ontario

B.C. teachers file Labour Relations Board application over COVID-19 classroom concerns

The application comes as B.C.’s second week of the new school year comes to a close

CHARTS: Beyond Metro Vancouver, COVID-19 cases in B.C. haven’t increased much recently

COVID-19 case counts outside of Metro Vancouver have been level since July

Most Read