Final coroner’s report re-issued for Okanagan woman’s 2016 death

Editor’s note: A factual error in the story has been removed and the story has been updated. The error was a contradiction to what was stated in the re-issued coroner’s report. The re-issued coroner’s report is available at the bottom of the story. 

The panel concluded the following, which is taken verbatim from the report:

• There was no conclusive, positive evidence for neck compression. The findings in the neck and the eyes could even have been caused by drowning or post-mortem artifacts or as a result of embalming artifacts. This opinion does not exclude the possibility of neck compression, although the findings identified at the post-mortem examination cannot conclusively support it.
• Drowning can not be excluded as a cause of death.
• There is no pathological evidence supportive of neck compression.
• The apparent increase in thickness of the heart was likely a reflection of the state of contraction at the time of death and rigor mortis. At most, the myocardium may have been very mildly hypertrophied for the size of the individual but unlikely sufficiently so to significantly increase the risk of ventricular arrhythmia or sudden death.
• Toxicological findings are non-contributory.
• Agree with the cause of death as unascertained and the manner of death as undetermined.

Conclusion: After careful consideration of all available information, including the findings of the Complex Case Expert Committee of the Ontario Forensic Pathology Service, I conclude that there remains no compelling corroborative evidence to support a cause of death finding.

I classify this death as undetermined and make no recommendations. After a full investigation and careful consideration of all available information, there is insufficient evidence to reasonably classify this death as natural, accidental, suicide or homicide.”

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The final coroner’s report into the 2016 death of Arlene Westervelt was re-issued Wednesday, but with little new information to offer.

Seven years ago, her body was pulled from Okanagan Lake after canoeing with her husband. Since then, her family has been pleading for answers.

“Facts continue to slowly leak out showing that the truth has been hidden,” said Arlene’s sister Debbie Hennig in a statement to Global News.

“This second investigation isn’t worth the paper it is written on. We don’t know what information was given to that team there are too many unknowns and no independence.”

Last year, B.C.’s chief coroner, Lisa LaPointe, reopened the investigation into Arlene’s death.

In a letter to Hennig in April of 2022, LaPointe said that jurisdiction had been assigned to another coroner, Carolyn Maxwell, to review the entirety of the investigative material and evidence gathered in the case.

“In this case, the chief coroner has determined that it is in the public interest for another coroner to undertake a new investigation,” said a representative from the Coroner’s office in April of 2022.

However, Hennig said in a statement that this fell short of what the family wanted as the review was not independent of the Coroner’s Service.

“If that were true, then why did she refuse to allow an outside independent forensic pathologist with expertise in drowning review the autopsy file when vetted by homicide investigators at MCU almost two years ago?” said Hennig.

2:12 Friends and family of Arlene Westervelt call for justice nearly six years after her death

According to the re-issued report, the Ontario Forensic Pathology Service convened a Complex Case Expert Committee (CCEC) to review the case.

The re-issued coroner’s report considered the original coroner’s report, the final report of post-mortem examination, the toxicology report, the cardiovascular pathology report, the autopsy and scene photographs.

At the time of Arlene’s death, an autopsy wasn’t done until new information surfaced days later when her body had already been embalmed.

In the re-issued report, the panel agreed that it would have been “advantageous if the post-mortem examination had been completed immediately.”

“There has not been any accountability or transparency in their bungled investigation. Procedures and processes were not followed initially,” said Hennig.

“It is beyond comprehension that they have completed two investigations into my sister’s death without interviewing or questioning any of Arlene’s immediate family, co-workers, or friends and how could they dismiss the cries of foul play that were voiced to RCMP members and Coroner Andy Cave to perform an autopsy before the embalming process.”

3:13 Who is policing the police?

The re-issued report stated the cause of her death is still undetermined.

Arlene’s husband Burt Westervelt was charged with second-degree murder three years after her death, but those charges later stayed in 2021.

The family has continued to raise concerns surrounding the trial, police mismanagement, and the relationship between a high-ranking officer, Sgt. Brian Gateley, and the accused.

Hennig went on to say that the family is now calling on the Premier and B.C.’s Minister of Public Safety to address their concerns.

“David Eby has known all along there have been big problems with this case and he hasn’t done anything to fix it which makes him part of the problem,” said Hennig.

“Due process of law has not been followed and we are in the process of pursuing this through the courts properly. There is more than one organization that is trying to cover this up. Justice must be seen to be done and it is not being done.”

Burt Westervelt has always maintained his innocence.

Here is the six-page, re-issued final coroner’s report: Final_Coroner_Report WESTERVELT, Arlene.

1:58 Preview for Arlene Westervelt: Murder or Misadventure?