Former B.C. Mountie committed discreditable conduct in homicide investigation: OPCC report

A retired judge is reviewing Brian Gateley’s case, after the OPCC found a one-day suspension without pay “is not proportionate to the seriousness of the misconduct.”

A B.C. police officer who had been forbidden to communicate with a witness in a homicide investigation, but allegedly wrote a letter to her anyways, has now been found guilty of discreditable conduct, according to B.C.’s Office of the Police Complaint Commissioner.

A retired judge has now been appointed to review Brian Gateley’s case, after the police complaint commissioner found that a one-day suspension without pay “is not proportionate to the seriousness of the misconduct.”

The matter stems from the case of Arlene Westervelt, who died while canoeing with her husband Bert Westervelt on Okanagan Lake in 2016.

Gateley, the officer in question, knew Bert and allegedly had Arlene’s cellphone hacked at his request using RCMP resources.

Bert was later charged with Arlene’s second-degree murder in 2019, although that charge was later stayed. He has always maintained his innocence.

Eventually, Gateley’s actions would be the subject of an internal RCMP investigation. Global News obtained a copy of the conduct letter alleging Gateley had Arlene’s phone unlocked using a tool called “Cellebrite” for “personal or unauthorized reasons.”

He was also accused of providing his personal opinion to investigators in a potential conflict of interest.

Gateley has previously denied any wrongdoing.