Former BC Mountie faces discipline for communicating with sister of woman found dead in Okanagan Lake.
In a news release Thursday, the Office of the Police Grievance Commissioner said it has ordered a review by a retired judge of a disciplinary decision against Sgt. Brian Gately, who claims he disobeyed orders during the investigation into the death of Arlene Westervelt.
In June 2016, Westervelt’s body was found in Okanagan Lake. The day before, the 56-year-old had been out in a canoe with her husband Bert when the boat overturned. It was initially treated as an accident.
In 2019, Arlene’s husband was charged with second degree murder. But 15 months later, the prosecution was dropped. The Crown said it had received new evidence that reduced the likelihood of a conviction.
Bert Westervelt has always maintained his innocence.
In a January 2021 episode of CTV News’ W5, family members of Arlene Westervelt claimed Gately was her husband’s friend and accused him of helping Bert Westervelt access her locked phone after her death.
After the episode aired, Gately, who is now a member of the British Columbia Combined Forces Special Enforcement Unit, wrote a letter to the deceased’s sister, Debbie Hennig.
In the letter, which was shared with CTV News by Hennig, Gately wrote, “The conclusions … reached by the program were unfortunate and inaccurate, and I want to assure you that my actions in no way compromised the police investigation into Arlene’s death.” “
However, the OPCC notice states that in December 2020, Gately was told by his superiors not to contact witnesses from the investigation.
In June 2021, the OPCC tasked the Vancouver Police Department with investigating the case.
The OPCC’s release said Gately had engaged in discreditable conduct under the Police Act.
A one-day suspension was recommended, but the commissioner’s office says that doesn’t reflect the seriousness of the offense.
“In this letter, he’s making a really lame attempt to put my mind at ease,” Hennig told CTV News. “This letter was self-serving to protect himself.”
Hennig and her mother filed a lawsuit against Gately and another officer last May.
They claim there was a move to “cover up” the murder charge in the case.
Gately denied the allegations in a subsequent defense statement.
CTV News reached out to Gateley for comment, but did not hear back.
The OPCC said James Threlfall, a retired provincial court judge, has been commissioned to conduct the review, but a date has not yet been set.
With files from CTV News Vancouver’s Maria Weisgarber and Kendra Mangione
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