The stay on second degree murder charges against Bert Westervelt in the drowning death of his wife Arlene expired end of day yesterday.
Anthony Oliver is the lawyer representing Arlene's family, the Hennigs. He said, "Thankfully, the RCMP confirmed yesterday that... they're still actively pushing for this evidence, this new evidence potentially, to be investigated. The Hennig family of course has no role in that, but they certainly appreciate that the RCMP is keeping them informed of these things and that they're still actively pushing for this."
Bert is no longer accused by the crown of killing his wife on Okanagan Lake five years ago.
"Nothing in law typically is settled. Of course, there are constitutional safeguards because the matter was stayed and not withdrawn. If it was withdrawn it would have been sort of like taking the physical file and throwing it in the trash, but when it's stayed it's akin to taking that file and putting it on a shelf. When that one year expires it's like the file never existed.
"The family of Arlene is heartbroken and still just in disbelief that the coroner's service, having since March known that the RCMP wanted to take this important step which is one of the primary reasons for the file against Bert being stayed, that there hasn't been action by the coroner's service since then."
Arlene drowned while canoeing with her husband on Okanagan Lake in 2016. Bert has always maintained his innocence.