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Don Dunphy inquiry to launch with daughter's testimony on fatal shooting

More than a year and a half after Don Dunphy's tragic shooting death his daughter is preparing to speak publicly about it.

59-year-old Mitchells Brook man was shot by RNC Const. Joe Smyth on Easter Sunday 2015

Don Dunphy, left, was shot and killed by RNC officer Joe Smyth on April 5, 2015. Meghan Dunphy, Joe Smyth and Paul Davis have been granted standing and funding at the judicial inquiry. (CBC/Facebook)

More than a year and a half after Don Dunphy's tragic shooting death, his daughter is preparing to speak publicly about it for the first time.

Meghan Dunphy will be the first witness to take the stand Monday at the inquiry into what happened at Dunphy's Mitchells Brook home on April 5, 2015.

Don Dunphy, 59, was fatally shot by RNC Const. Joe Smyth, who at the time was assigned to a special unit handling the security of then–premier Paul Davis.

Smyth went to Dunphy's home — about 100 kilometres southwest of St. John's — on an Easter Sunday to investigate after a member of the premier's staff flagged Dunphy's social media posts on Twitter as potentially threatening.

Smyth subsequently told the RCMP that they spoke for about 15 minutes until Dunphy became angry. Smyth told police investigators he fired his service pistol at Dunphy four times after Dunphy pointed a 22–calibre rifle at him.

Meghan Dunphy grew up in the Mitchells Brook home where her father died. She was with him just hours before the fatal confrontation with Smyth.

Smyth to attend first day of testimony

Lawyer Jerome Kennedy, who is representing Smyth, says Smyth will be at the inquiry on Monday, and for "most of the inquiry." 

RNC officer Joe Smyth at the the Inquiry into the death of Donald Dunphy on Oct.19, when lawyers asked for standing and funding from the province. (Mark Quinn/CBC)

"From Const. Smyth's perspective, and through my discussions with him, it's important that he be there to see and hear what the witnesses are going to say but also he is very interested in this inquiry process and the information that will come out," said Kennedy, a high-profile defence lawyer and a former provincial cabinet minister.

'This won't be easy ... but overall, [Smyth] is pleased that this day has finally arrived.'- Jerome Kennedy

He said Smyth is anxious to tell people what happened in Mitchells Brook.

"One of the problems with this incident from the public's perspective was the lack of information out there about what occurred – and unfortunately a lack of information can lead to speculation, rumour, innuendo and gossip," he said. 

"Now the public will finally get to see and hear about the investigation, and from Const. Smyth's perspective that's a good thing," said Kennedy.

"Obviously sitting there having to re–live this won't be easy and having your life put under a microscope isn't easy but overall, he is pleased that this day has finally arrived."

PC leader to testify

Former Premier Paul Davis is one of the 57 witnesses who are scheduled to testify.

Barry said in an interview Friday that the link to powerful politicians has heightened public interest in the inquiry.

"That political connection raised the concern of the general public that there not be a chilling affect on public expression, that people would not be subjected in the province to police coming out unnecessarily to enquire whenever someone say something critical of the government on a social media platform such as Twitter, " he said.

How measure success?

Barry said there are two outcomes he hopes to achieve with the inquiry.

Justice Leo Barry will preside over the inquiry into Don Dunphy's death. (CBC)

"I believe that if government and the general public believe they now have the best picture of what probably happened and they have a good review as to whether or not there should be any changes in police procedures and practices," he said. 

I think that that should be viewed as a success," he told CBC News. 

The inquiry's hearings are expected to continue well into March.

Live blog 

Follow CBC Newfoundland and Labrador's live blog for updates on the Dunphy inquiry. 

ABOUT THE AUTHOR

Mark Quinn

CBC News

Mark Quinn is a videojournalist with CBC's bureau in St. John's.