Chair experiment request rejected at Dunphy inquiry
Police expert also talked about why a polygraph of RNC Const. Joe Smyth wasn't done
The judge leading the Don Dunphy inquiry has denied a request to have an expert witness conduct an experiment to determine if Dunphy could have raised and pointed a rifle at Const. Joe Smyth the way Smyth says he did.
Dunphy was fatally shot by Smyth on April 5, 2015 in his home in Mitchells Brook, St. Mary's Bay.
The Royal Newfoundland Constabulary officer was at Dunphy's home to speak with him about tweets he posted criticizing politicians, including then-premier Paul Davis.
The experiment results will be too speculative and uncertain because of the many variables involved.- Leo Barry
Smyth has testified he shot Dunphy in self defence after Dunphy lifted a rifle from the right side of his chair and pointed it at him.
Lawyers for Dunphy's daughter, Meghan Dunphy, suggested the experiment would show that Dunphy could not have lifted a rifle and pointed at the police officer in the manner and time that Smyth suggested.
Dunphy's lawyers applied to have Dr. Stephen Czarnuch called as an expert witness, to testify about Smyth's claim that he acted in self defence.
Inquiry commissioner Judge Leo Barry said the experiment would have too many variables to be useful to the inquiry.
"The experiment results will be too speculative and uncertain because of the many variables involved," he said.
He also questioned if an expert was necessary to determine whether Dunphy could have done what Smyth claims.
"I will be arriving at my own independent conclusion as to whether Const. Smyth's description of what occurred is plausible. I do not need expert opinion in order to do this," Barry said.
Summary of Barry's decision on chair experiment <a href="https://twitter.com/hashtag/dunphy?src=hash">#dunphy</a> <a href="https://t.co/2unRfPrhSf">pic.twitter.com/2unRfPrhSf</a>
—@CBCMarkQuinnPolygraph not done
The inquiry heard Monday from retired RCMP Staff Sgt. Tom Townsend, who was in charge of polygragh testing in Newfoundland and Labrador and other Atlantic provinces.
During the shooting investigation, He was asked by RCMP investigators if a polygraph of Smyth would be useful. He suggested it wouldn't be valuable.
Smyth was never given a polygraph test. His lawyer, Jerome Kennedy, said Smyth was never asked to give one.
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