In a news release Thursday, the Office of the Police Complaints Commissioner said it ordered a review by a retired judge in a disciplinary decision against Sgt. Brian Gately, who allegedly 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 canoeing with her husband Bert and the boat overturned. Initially, it was treated as an accident. In 2019, Arlene’s husband was charged with second degree murder. But 15 months later, the charge remained. The Crown said it 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 Gateley was her husband’s friend and accused him of helping Bert Westervelt access her locked phone after her death. After the episode aired, Gateley, now a member of BC’s 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, Gateley wrote, “The conclusions … reached by the program were unfortunate and inaccurate, and I want to assure you that my actions did not jeopardize the police investigation into her death. Arlene. ” However, the OPCC statement says that in December 2020, Gateley was told by his superiors not to have any contact with any witnesses to the investigation. In June 2021, the OPCC commissioned the Vancouver Police Department to investigate the matter. The OPCC statement said Gateley was found to have committed disparaging 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 misconduct. “In this letter he’s making a really lame attempt to quiet me down,” Hennig told CTV News. “That letter was only self-serving to protect himself.” Last May, Hennig and her mother filed a lawsuit against Gateley and another officer. They claim there was a move to “shut down” a homicide investigation into the case. Gateley denied the allegations in a subsequent statement of defence. CTV News reached out to Gateley for comment, but did not hear back. The OPCC said James Threlfall, a retired district judge, has been appointed to conduct the review, but no date has yet been set. With files from CTV News Vancouver’s Maria Weisgarber and Kendra Mangione
