Dunphy inquiry to test credibility of only surviving witness, says Justice Leo Barry
Mark Quinn | CBC News | Posted: January 6, 2017 7:24 PM | Last Updated: January 6, 2017
Don Dunphy was fatally shot by RNC Const. Joseph Smyth in Mitchells Brook on Easter Sunday 2015
The retired judge leading the Don Dunphy shooting death inquiry is speaking publicly about why it's necessary.
"A unique feature of this particular incident is that there was only one surviving witness and therefore testing the credibility of that witness, the police officer Const. Smyth, will have to be a main focus of the inquiry," said Justice Leo Barry on Friday.
Joe Smyth, a constable in the Royal Newfoundland Constabulary, shot Dunphy, 59, at his Mitchells Brook home on April 5, 2015.
We don't want to have a society where we can't criticize politicians without being subjected to unnecessary police investigations.
- Leo Barry
In police report accounts, Smyth said he fired at Dunphy four times after Dunphy aimed a rifle at him.
Barry said it is important to get to the bottom of exactly what happened that Easter Sunday.
"When incidents like this occur, the general public insists, and I think quite rightfully so, that the air be cleared and they are able to see everything that led to the incident with a view to ensuring that police officers are acting properly," said Barry.
Social Media and the police
The inquiry, which begins Monday, will also examine the role social media played in the shooting death.
Smyth was at Dunphy's home on the day of the shooting to speak with him about posts Dunphy had made on twitter. Staff at then-Premier Paul Davis's office flagged them as potentially threatening to politicians.
"Police say we need proactive policing in terms of going out and checking if a real threat has been made to prevent a threat from becoming a reality ... but we don't want to have a society where we can't criticize politicians without being subjected to unnecessary police investigations," said Barry.
The Inquiry will have two phases: the first will aim to establish the facts of what happened in Mitchells Brook. The second will examine police policies and social media, and make recommendations.
Don Dunphy's daughter, Meghan Dunphy, will be the first person to testify at the inquiry on Monday. She'll be followed by 58 more witnesses. The inquiry is expected to run well into March.