Private prosecution in Lake Country woman’s death creeps forward | 24CA News

A former RCMP officer who believes that two males ought to be going through costs in reference to a Lake Country lady’s demise was again in court docket on Thursday.

In June 2016, Arlene Westervelt died whereas canoeing along with her husband on a relaxed day.

Former Mountie Don Matheson, together with a number of of Arlene Westervelt’s shut family and friends, imagine that she was murdered by her husband, Bert Westervelt.

Bert has at all times maintained his innocence and says her demise is a tragic drowning accident.

However, he was charged with Arlene’s second-degree homicide three years after her demise. Shortly earlier than a preliminary inquiry was set to start, the cost was immediately stayed with little rationalization.

Matheson is pursuing a non-public prosecution towards Bert and Brian Gateley, who was an RCMP officer on the time.

The two males knew one another personally by way of their wives. Although Gateley was not imagined to be concerned within the case, Bert requested the officer if he might by some means get Arlene’s cellphone unlocked. Bert instructed Gateley he needed the images from their final day collectively.

Gateley requested one other officer to make use of specialised RCMP assets unlock the telephone, and it was then returned to Bert along with his spouse’s private info on it. At the time, Arlene’s demise was not thought of suspicious.

Canada’s privateness commissioner just lately dominated that RCMP inappropriately collected and disclosed private info on this case.

“The RCMP had no legislative authority to collect, access or use the information contained on the device,” the privateness commissioner stated in a letter to Arlene’s sister.

Matheson believes the Crown is attempting to cowl up alleged Mountie misconduct within the case by refusing to convey the case to trial. That prompted him to start out a non-public prosecution.

“It’s one cover-up after the other. The coroner didn’t do their job properly. The Crown has not done their properly. The court is not doing their job properly. That’s why I’m here today,” he stated.

In Canada, any citizen can begin a non-public prosecution.

However, the choose should maintain a listening to to find out whether or not or to not transfer ahead.

This listening to was accomplished in-camera, so Global News was not allowed within the courtroom.

Even although he’s not allowed to witness what’s occurring, Arlene’s uncle Don Hennig hasn’t missed a court docket date.

“It’s kind of tough, but I’m doing it for Arlene because she meant the world to me, and she was just like my daughter,” Don stated.

“I want an end to this, which I believe is a cover-up, and I want justice served.”

Gateley has claimed that the homicide cost was dropped due to a problem with the pathologist’s report and never as a result of he had Arlene’s telephone unlocked.

Bert’s lawyer Cory Armour has stated that there was no cover-up.

“As much as Arlene’s family does not want to hear it, justice actually has been served, as this case was stayed for the simple reason that Mr. Westervelt was innocent,” Armour stated in an electronic mail.

Those supporting the personal prosecution hope that Gateley might be charged with obstruction of justice, they usually finally need to see Bert on trial for homicide.

Neither Bert nor Gateley have been required to attend these proceedings.

Matheson expects the case to be again in court docket in late April.

8:01Extended interview with Arlene Westervelt’s sister

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