Const. Joe Smyth showed 'complacency and poor judgement', says expert
Officer didn't do enough to protect own safety either, inquiry told
A former chief and expert on police practices who testified at the Don Dunphy inquiry Wednesday is critical of Const. Joe Smyth's actions on April 5, 2015.
Terry Coleman, who was the chief of police in Moose Jaw, Saskatchewan, and has researched de-escalation for more than a decade, said Smyth didn't do an adequate risk assessment before heading to Dunphy's home in Mitchells Brook.
"No, it fell short in regard to his personal safety," he said.
Coleman testified at a judicial inquiry into the fatal shooting of Dunphy, 58, an injured worker who drew attention after posting tweets about politicians.
Interaction with Mr. Dunphy might have been more aggressive and disrespectful.- Terry Coleman
Smyth, a Royal Newfoundland Constabulary officer assigned to the security detail of then-premier Paul Davis, testified he shot Dunphy after Dunphy pointed a rifle at him.
The Coleman/Messine report was posted on the inquiry's website Wednesday afternoon.
Coleman said texts between Smyth and a friend in which Smyth called Dunphy "a lunatic" shed light on his attitude when he visited Dunphy.
"It is not difficult to envision that the interaction with Mr. Dunphy might have been more aggressive and disrespectful than we have initially been told," wrote Coleman.
In the report Coleman said Smyth approached the home visit "casually."
"It seems that Cst. Smyth had the attitude that this situation was not a big deal. There is an indication of complacency ... as well as poor judgement," wrote Coleman.
Didn't assess risk
In earlier testimony, Smyth said he called the RNC communications centre for background information on Dunphy while he was driving to Mitchells Brook, in St. Mary's Bay.
"His assessment was incomplete and a lot of it could have been done before he embarked on his journey. Smyth didn't conduct important and, really routine checks, until he was on the road," said Coleman.
Coleman also said Smyth didn't take appropriate cautionary measures.
"Didn't tell dispatcher where he was which is standard procedure, basic officer safety procedure, and he didn't arrange for dispatch to call him after an allotted time," he said.
One of his options was to leave and regroup.- Terry Coleman
Coleman also said Smyth may have missed an opportunity to de-escalate the meeting with Dunphy.
"Smyth described a deteriorating situation. One of his options was to leave and regroup," said Coleman.
Sgt. Mike Massine, a use-of-force trainer, who also testified Wednesday, said the RNC use-of-force training manual uses outdated language and concepts.
"It needs a thorough review and overhaul," he said.
Smyth lawyer objects to report
More than an hour was spent on Smyth's lawyer, Jerome Kennedy's objections to a report Coleman and Massine co-authored and submitted to the inquiry.
Kennedy, who objected strenuously to sections of their report, saying "It used terms like 'Smyth was negligent,'" successfully fought to have portions redacted.
"It's written like a Grade 6 report rather than an expert submission" he said.
The RNC's lawyer at the inquiry echoed his concerns.
"There's trouble with it going out to the public and being interpreted," said Nick Avis.
Barry agreed to edit, or redact, some parts of the report.
"I understand that there are certain criticisms of Smyth that you don't want discussed in public," he said.
Earlier witness supported Smyth's decisions
On Tuesday a witness called by Smyth's lawyer, Jerome Kennedy, said he believed Smyth's decisions were sound.
Dr, Stephen Hart, who researches threat assessment, said he did not believe Dunphy's tweet was a threat.
"Why follow up a tweet that isn't a threat?" asked Kennedy.
"You need to investigate if someone is moving towards violence," said Hart. "In this case a home visit was entirely appropriate."
He also said that it was a good idea for Smyth to go alone in plain clothes and an unmarked car.
"It respects people's dignity," said Hart. "Go low profile unless it's a high-risk situation."
The RCMP investigated the shooting. It concluded that Smyth used appropriate force and no charges were warranted.
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