Could an unusual court application by a private citizen revive the prosecution in an Okanagan case?
That’s what friends and family of Arlene Westervelt are hoping for.
On Friday, nearly six years after Arlene Westervelt’s body was pulled from Okanagan Lake, supporters of the 56-year-old nurse stood on the steps of the Kelowna courthouse to call for justice.
“We travelled across Canada to try to push this case forward,” said family friend Deborah Johnston.
“There are so many unanswered questions.”
Arlene’s husband Bert reported her death as an accidental drowning while the couple was on a canoe trip.
However, in 2019 Bert Westervelt was charged with second-degree murder in his wife’s death.
That charge was later stayed before it got to a preliminary inquiry.
“That process was stayed inexplicably: no evidence, no answers have been given to the family as to why,” said Shelley Westervelt, Arlene’s sister-in-law.
Crown council said the stay of proceedings was due to new evidence.
But Arlene’s friends and family are adamant the case should have its day in court.
“This all has to go through the courts. Isn’t that what our justice system is all about?” said Arlene’s sister Debbie Hennig.
“Yes, you are innocent until proven guilty, absolutely, but have the evidence come forward and clear your name.”
Friends and family came from across the country to be at the Kelowna courthouse for an unusual hearing.
Don Matheson, a former RCMP officer, has made applications to the court he hopes will revive the prosecution in this case.
“Justice is supposed to be seen to be done. It is not happening here,” said Matheson.
The details of Matheson’s application are not public and Friday’s court hearing occurred in-camera without the public or media present.
But friends and family are pinning their hopes for a trial on Matheson’s applications.
“Arlene didn’t deserve this. I am not going to stop until I get justice for her and it needs to be heard and it needs to be heard in a court of law. The judge and jury will decide on the evidence,” said Hennig.
Bert Westervelt has denied killing his wife and maintains his innocence.
The application hearing is set to be back in court in mid-July to fix a date for further court appearances.
The BC Prosecution Service says it can’t comment on the applications “as the applications were heard in camera and are the subject of publication bans.”
–with files from Jules Knox