Defiant Joe Smyth adamant he did not mislead Dunphy inquiry in prior testimony
Smyth says reference to Dunphy as a 'lunatic' was not derogatory
Royal Newfoundland Constabulary Const. Joe Smyth says he didn't mislead the Dunphy inquiry in January because he didn't recall that he had texted his friend Sgt. Tim Buckle before giving a statement to the RCMP later that day.
Smyth, who shot injured worker Don Dunphy to death at Dunphy's home in April 2015, says even if he had remembered the conversation, it was not important because he didn't take Buckle's advice about a change to the statement.
"There was no consultation about the facts. I don't see anything here that is consequential," said Smyth.
Buckle told Smyth he should say that he felt he was in imminent danger to reflect his police training.
Smyth said it wasn't the way he speaks and that he felt the comment was "manufactured."
The final document Smyth sent to police didn't include the change that Buckle suggested.
Smyth traveled to Dunphy's Mitchells Brook home on April 5, 2015 in his role as a member of then-premier Paul Davis's security detail. He says he fired his weapon after Dunphy pointed a rifle at him.
The RCMP investigated the shooting and concluded Smyth had used appropriate force.
The judicial inquiry into Dunphy's death has heard from Smyth earlier when he gave six days of testimony in January
He was called back to testify Monday morning after text conversations he had with friends and colleagues were revealed at the inquiry.
Denied having advice in January
On Jan. 18, Smyth had this exchange with commission co-counsel Sandra Chaytor.
Chaytor: "Other than legal counsel, did you receive any advice from anyone prior to giving that statement [to the RCMP]?"
Smyth: "No."
Chaytor: "And we saw that you spoke or had numerous communications with various persons, but nobody else gave you any input in terms of your legal statement or anything along those lines?"
Smyth: "No."
But Blackberry Messenger conversations that Smyth had with Buckle raised questions about Smyth's earlier testimony.
In the texts, Buckle suggested a change after reading Smyth's statement.
"Looks good … should you be more specific and say I perceived a threat of imminent death or gracious (sic) bodily harm … to quote the use of force policy?" he wrote.
On Monday, the inquiry looked at the emails between Smyth and Buckle. After texting Buckle, Smyth sent him an altered version of his statement, but then changed it back to the original statement before giving it to police.
'Lunatic' comment
Smyth was also asked about how he had referred to Dunphy as a "lunatic" in a text message written to a friend a day before the shooting.
In the text, Smyth said "got to go deal with a lunatic threatening the premier."
Lunatic...it isn't meant in a derogatory way.- Joe Smyth
Smyth said "lunatic" wasn't a term he would use to speak about someone who is mentally ill. He said he would use the word to refer to anyone who "rants and roars."
"I've referred to my own counsel [Jerome Kennedy] as a lunatic — it isn't meant in a derogatory way," he said.
On Monday, more text messages between Smyth and three other people are expected to be entered as evidence at the inquiry.
Follow along with testimony at the inquiry in our live blog.