More than four years after Arlene Westervelt㽶Ƶֱs 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㽶Ƶֱs 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.
On April 5, 2019, the RCMP charged Westervelt with the second-degree murder of his wife Arlene. In July, 2020 the Crown stayed that charge.
㽶Ƶֱ Daniel Taylor (@DanTaylorKCN)
The grieving family gathered on the steps of the Kelowna Law Courts on Monday, Sept. 14 㽶Ƶֱ the day Westervelt was set to face a preliminary inquiry into the matter.
㽶ƵֱMy sister Arlene lost her life under very suspicious circumstances,㽶Ƶֱ said Arlene㽶Ƶֱs sister, Debbie Hennig, during the gathering at the Kelowna Law Courts.
㽶ƵֱHe said she disappeared into the lake and was gone. We don㽶Ƶֱt 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.㽶Ƶֱ
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㽶Ƶֱs arrest.
During that hearing, the Crown presented the court with what Arlene㽶Ƶֱs family claims to be 㽶Ƶֱevidence in support of the murder charge.㽶Ƶֱ
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 㽶Ƶֱnew information㽶Ƶֱ which wasn㽶Ƶֱt detailed to the family.
㽶ƵֱWe were told they cannot give us that information,㽶Ƶֱ Hennig said.
㽶ƵֱWe 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㽶Ƶֱt received any justice, we㽶Ƶֱre in the dark. We need answers.㽶Ƶֱ
Arlene㽶Ƶֱs family is now asking Crown to explain what happened at the eleventh hour to dismantle the proceedings.
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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.
㽶ƵֱThis 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,㽶Ƶֱ said Alisia Adams, a spokesperson for the BC Prosecution Service.
Arlene㽶Ƶֱs family has since hired Alberta lawyer Anthony Oliver to represent their interests under both B.C.㽶Ƶֱs 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㽶Ƶֱs death, the relevant legislation protects the rights of a deceased person㽶Ƶֱs family to be informed about the investigation and prosecution at every stage of the proceedings. The legislation also allows the victim㽶Ƶֱs family to convey their views about decisions and be considered by authorities.
㽶ƵֱUnfortunately, there has been very little communication by Crown with Arlene㽶Ƶֱs family, whose views don㽶Ƶֱt appear to have been considered,㽶Ƶֱ Oliver said.
㽶ƵֱAs a result, the family has been further traumatized by a confusing and seemingly shadowy process.㽶Ƶֱ