An alternative theory of what happened in Mitchells Brook emerges at Dunphy Inquiry

When family and friends heard police say Don Dunphy pointed a gun at a police officer many of them found it unbelievable

Dunphy's friend Colin Dinn is among them.

"Couldn't believe it. Never seen him with a gun. I thought it was preposterous," said Dinn, who knew Dunphy for more than 20 years and testified at the inquiry on Wednesday

• 'I should have warned Const. Smyth,' says Don Dunphy's brother at inquiry into shooting death

More than 21 months after Dunphy, 59, was shot dead, some people are still questioning the police account of what happened.

Dunphy's daughter Meghan Dunphy, 28, is one of them.

"This is what I don't understand — there is no reason for my father to take a gun to him," she said.

"Dad had the stick for protection. If he was telling Smyth to leave and he wasn't leaving. He'd pick up the stick."

Meghan's testimony

Meghan Dunphy was the first witness when the inquiry began on Monday. 

When pressed by the inquiry commissioner, Judge Leo Barry, Dunphy outlined questions she has about Smyth's account of the shooting and suggested an alternate version of what might have happened.

Dunphy said she never saw a gun in her father's house, but she did often see him carrying a stick for protection.

You know that would be a reason to stage the scene,- Meghan Dunphy

Don Dunphy was prescribed marijuana to deal with the pain of a workplace accident that happened years earlier.

He grew marijuana in his home and his daughter says he carried a wooden stick to defend himself if someone broke into his home and tried to steal his marijuana.

Meghan said her father often kept the stick on his right, beside the chair he was shot in. The same spot Smyth says Dunphy reached for the rifle.

Meghan suggested Smyth may have mistaken the stick for a gun, then tampered with evidence and lied about what happened.

"If dad had picked up the stick and [Smyth] thought it was a gun and then he shot him and then afterwards realized, 'Oh my god, this is a stick. I'm going to go to jail. I'm going to lose my life,'" said Meghan.

"That would be a reason to stage the scene."

Meghan suggested Smyth could have placed the rifle at her father's feet to make it look like the police officer had fired at Dunphy after he had pointed the gun at Smyth.

Erin Breen, the lawyer representing Meghan, questioned her client to explain how Smyth would have known that there was a gun in the home.

Breen asked, "Would your father have surrendered any firearms if he was asked to by a police officer?"

"Absolutely," responded Meghan.

Smyth's account

Smyth's account of what happened is spelled out in police reports.

• Const. Joe Smyth used 'appropriate force' to defend himself, investigators say

He says he went to visit Mitchells Brook on April 5, 2015 to speak with Dunphy about concerns that were raised by Dunphy's social media posts.

This tweet in particular caught the attention of government officials:

"@SandyRCollins @PremierOfNL @ShermanDowney won't mention names this time. 2 prick dead MHAs might have good family members I may hurt #nlpoli"

Smyth says Dunphy agreed to let him into his house to answer some questions. He said at first it was friendly, but eventually Dunphy became upset and started calling Smyth names like a 'f***ing government puppet.'

Then, he says, their conversation took a sharp, tragic turn.

According to police reports, Smyth says he saw Dunphy reaching for and lifting a rifle. Smyth says he raised his left hand and shouted, 'No,' repeatedly, while with his right hand he unholstered his service pistol and fired twice from the hip.

One of those shots hit Dunphy in the abdomen. Smyth says Dunphy continued to move and the rifle's barrel was pointing at him, so he fired twice more at Dunphy's head.

This is the account Smyth gave to the RCMP. It's the force that investigated the death.

RCMP conclusion

When the RCMP completed its investigation, no charges were laid against Smyth.

"There was no evidence at the scene that casts any shadow or doubt over the version of events offered by Const. Smyth," the RCMP investigation concluded.

A review of the RCMP investigation by the Alberta Serious Incident Response Team supported that finding, stating the investigation was "well done, following best practices and major case management principles."

Stay tuned, much more to come

The inquiry is only getting started. In the first three days of hearings, most of the witnesses have been family and friends of Dunphy. 

What is known about what happened in Mitchells Brook on Easter Sunday 2015 is about to be painstakingly scrutinized.

The inquiry hasn't heard from any police officers or investigators yet, but that's about to change.

Smyth is the next witness

The inquiry adjourned on Wednesday, but it's scheduled to recommence on Monday at 9:30 a.m with Smyth taking the witness stand. He's scheduled to testify for three days.

After him, dozens more witnesses are expected to testify, including former premier Paul Davis, someone being called Witness X, retired Judge David Riche, and a number of RCMP and RNC officers.

Justice Leo Barry said he hopes to finish the hearings by March 7.