Don Dunphy sister-in-law in contempt by refusing to testify at shooting inquiry, commission argues
Debbie Dunphy was one of the last people to speak with RNC Cst. Joe Smyth before he fatally shot Don Dunphy
Debbie Dunphy is facing an allegation that she is in contempt of the commission of inquiry into her brother-in-law Don Dunphy's death after she defied a summons to testify at hearings.
In an application filed June 8 in the Newfoundland and Labrador Supreme Court, the Commission asks that she be fined $100, "or such other penalty as the court deems just."
Debbie Dunphy, who lives next door to the Mitchells Brook home Don Dunphy died in, was one of the last people who spoke with Royal Newfoundland Constabulary Cst. Joe Smyth before he fatally shot the 58-year-old.
Smyth, who visited Debbie and her husband, Richard Dunphy, on April 5, 2015, was in the St. Mary's Bay town to investigate social media posts by Don Dunphy.
Some of Dunphy's tweets named politicians. Smyth, who was a member of the then–premier's protective service, made the visit to determine if the posts were threatening.
Smyth testified that he shot at Dunphy four times after Dunphy pointed a rifle at him.
Didn't get along
Debbie Dunphy had a long-running, troubled relationship with her brother-in-law that came to a head in a family dispute over property after Don Dunphy's father died. The dispute resulted in a court-ordered injunction forbidding Don Dunphy from having contact with his sister-in-law.
The commission's application describes her as "a key witness."
Debbbie Dunphy was interviewed by police and a commission lawyer in November 2016 after the shooting,
But, before the commission's witness hearings began, Dunphy emailed the commission saying: "If I am supoened (sic) I have decided that I am not going to take the stand."
Instead her husband, Richard Dunphy, who was also scheduled to testify that day, delivered a letter to the commission.
The letter included a short doctor's note saying Debbie Dunphy cannot testify in court.
Leo Barry, the judge leading the inquiry, wasn't satisfied that she was unable to appear and in February the commission sent a registered letter to Dunphy asking her to set a date to appear at the inquiry. It came back to the commission with a hand-written note — "Return to sender DD."
The Commission's position
In its court application, the commission says "Mrs. Dunphy deliberately defied the summons" and failed "to provide a lawful excuse as to why she could not attend."
It said Dunphy's refusal to accept the Commission's letter shows "contempt for the Commision."
The commission wrapped up hearings on March 10, 2017. It was established by the government of Newfoundland and Labrador to inquire into the death of Don Dunphy and report its findings. The commission's report is due July 1, 2017.
Debbie Dunphy is scheduled to appear in Supreme Court in St. John's in late June.