According to the Office of B.C.’s Police Complaints Commissioner, a B.C. police officer who was forbidden to communicate with a witness in a murder investigation but allegedly wrote him a letter anyway, is now convicted of defamatory conduct. has been found.
A retired judge has now been appointed to review Brian Gately’s case after the Commissioner of Police Complaints found that a one-day suspension without pay was “disproportionate to the seriousness of the misconduct.”
The case stems from the case of Arlene Westervelt, who died in 2016 while canoeing with her husband Burt Westervelt on Lake Okanagan.
Getley, the officer in question, knew Burt and allegedly hacked Arlene’s cellphone at his request using RCMP resources.
Burt was later charged with second-degree murder of Arlene in 2019, though that charge was later dropped. He has always maintained his innocence.
Ultimately, Getley’s actions will be the subject of an internal RCMP investigation. Global News obtained a copy of the conduct letter alleging that Gately had unlocked Arlene’s phone using a tool called “Celebrite” for “personal or unauthorized reasons”.
He was also accused of giving his personal opinion to investigators in a potential conflict of interest.
Gately has previously denied any wrongdoing.
In the letter he reportedly sent to Arlene’s sister, Debbie Hennig, Gately admitted to having the phone hacked, but said he did so only after he was assured by investigators that Arlene’s death was an accident. It is believed.
In response to a civil suit initiated by Arlene’s family, the government stated that on February 1, 2019, the RCMP found Gately guilty of engaging in a potential conflict of interest and of misusing RCMP IT equipment.
A month later, Gately retired from the RCMP, according to his civil court filing. He also stated that “there was a presumption of a conflict of interest; an actual or potential conflict of interest was not identified,” in response to his civil claim.
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The former Mountie then found a job in the Combined Forces Special Enforcement Unit (CFSEU), also known as BC’s anti-gang agency. He worked in an organized crime agency.
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According to the OPCC case file, Gateley’s supervisors met with him in December 2020 and warned him not to contact any witnesses in the investigation into Arlene’s death.
Gately reportedly wrote a letter to Arlene’s sister two months later, explaining her side of the story.
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The Vancouver Police Department was assigned to investigate Gately’s actions.
According to the OPCC report, it was found that Gately “communed with a witness in the investigation of a homicide in contravention of the direct orders of superior officers and supervisors,” he had committed abusive conduct.
The Disciplinary Authority noted that Sgt. The OPCC report stated that Gately was a 34-year-old police officer who had previously served with the Royal Canadian Mounted Police, and had ‘minimized his role’ in the alleged misconduct .
After the Vancouver Police Department suggested a one-day suspension, the Commissioner of Police Complaints wrote: “The low level of disciplinary and corrective measures proposed by the Disciplinary Authority is not commensurate with the seriousness of the misconduct in all circumstances, including those employed and from my own experience and Premeditated decision to ignore the directions of its supervisors in the context of the dire circumstances of the case.”
The OPCC report also claimed that Gately accepted the facts and findings of the Disciplinary Authority.
Retired provincial court judge James Threlfall has been appointed as an adjudicator in the next proceedings.
Meanwhile, questions are also being raised as to why Gately was appointed to the CFSEU following alleged misconduct with the RCMP.
Gately’s letter of conduct was signed by Asst. com. Kevin Hackett, who was also the chief officer of BC’s organized crime agency at the time. This is where Gately got his next job.
It later complained about the adequacy of its review process, according to a report by the board of the organized crime agency.
The report said that a thorough review found that the selection committee followed the policies of the organized crime agency.
“The selection committee as specified in the policy was made up of a hiring manager, supervisor and human resources representative, neither of whom was on the governing board,” the report said.
“The members of the selection committee were unaware that there were allegations of code of conduct against the officer.”
The report also noted that the organized crime agency has since amended its recruitment policies and now requires reference checks for both internal and external candidates. It said that a reference check was not conducted on Getley in this case.
“In response to an investigation into this complaint, the Organized Crime Agency of BC (OCABC) is also adopting a requirement to require applicants for OCABC employment to sign a waiver of consent to the release of their personal information, including their service discipline records.” and complaints or complaints of the ongoing Code of Conduct or Police Act,” the report said.
Getley has not yet responded to a request for comment.
-With files from Brennan Leffler
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