Family presses Crown for answers on why murder charge was stayed

The family of a Lake Country woman who died while out canoeing with her husband four years ago is demanding justice and answers from the B.C. Prosecution Service.

Charges of second degree murder were stayed against Lambertus (Bert) Westervelt earlier this year in the 2016 death of Arlene Westevelt on Okanagan Lake.

Arlene’s sister, Debbie Hennig, said the Crown would only tell them the charge was stayed due to “new information.”

The victim’s family held a protest today outside the Kelowna Law Courts and has hired a lawyer to find out more about why the charges were stayed.

“We need answers,” said Hennig in a media release. “Arlene was a beautiful person who lost her life under very suspicious circumstances. We need to know how and why she died. And we need to know how it is possible that a man charged with murdering our sister is not required to stand trial?”

Arlene’s family has hired Alberta lawyer Anthony Oliver to represent its interests under both B.C.’s Victims of Crime Act and the Canadian Victims Bill of Rights.

According to Oliver, a Crown stay 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“Because the charges are stayed, and not withdrawn, they are still technically active. Should the Crown decide to advance its case against Mr. 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,” Oliver said.

Oliver 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 to be made by the authorities and to have those views considered. Unfortunately, there has been very little communication by the Crown with Arlene’s family whose views were never considered let alone requested and who as result are further traumatized by a confusing and seemingly shadowy process.”

Vernon Matters has reached out to the B.C. Prosecution Service for comment.

The Hennig family has written letters to the B.C. Coroner’s Office, the B.C. Office of the Ombudsperson, and even the Prime Minister. Their lawyer has petitioned B.C. Attorney General David Eby to intervene and to ensure the rights of the deceased’s family are upheld in this case.

Her family said Arlene was a former Edmonton woman who earned a nursing degree at the University of Alberta and worked as a public health nurse at the Duggan Health Clinic. She and her husband moved to Kelowna in 2004.

“Westervelt claimed that he and his wife – an athletic and experienced canoeist who knew how to swim and was known to always wear a life vest – were canoeing on Lake Okanagan on June 26, 2016, when their canoe capsized and Arlene fell into the water and drowned. Her body was retrieved the next day at the edge of one of the deepest parts of the lake. Westervelt’s story to local RCMP drew immediate doubt by Arlene’s family and friends,” Hennig said.

It took almost three years after the incident before charge were laid.

“On April 5, 2019, after an intensive investigation and autopsy examination, the RCMP charged Westervelt with the second-degree murder of his wife. That decision was approved by the B.C. Crown Prosecution Service which determined that known evidence at the time presented a substantial likelihood of Westervelt’s conviction and that prosecution of Westervelt met the Crown’s public interest considerations,” Hennig said.