Dunphy stopped and released by police without incident years before fatal shooting, RCMP officer recounts
Inquiry into the death of Don Dunphy hears from neighbour and police officer
A police officer who arrested Don Dunphy in 2012 testified about his incident-free encounter with the man who would later die in a confrontation with Royal Newfoundland Constabulary's Joe Smyth on Easter Sunday 2015.
RCMP Cpl. Lee Lush says he met Dunphy in connection with a tip alleging Dunphy was growing marijuana and selling it to minors in 2012.
His car smelled like marijuana. I arrested him and read him his rights.- Cpl. Lee Lush
Lush testified at the judicial inquiry Friday by phone. He is stationed in Pugwash, Nova Scotia, but was stationed in Holyrood in 2012.
Previous marijuana conviction
Lush said he did a police search of Dunphy's history and vehicle registration and saw that Dunphy had a previous marijuana possession conviction in 2001. Dunphy's police file also flagged him for violence and drugs.
The violence flag related to a harassment allegation that was withdrawn and resulted in a peace bond being issued against Dunphy. Under the conditions of the peace bond Dunphy was not to have contact with his neighbour and sister-in-law Debbie Dunphy. They had a sometimes heated disputed about land.
Lush, along with two other police officers, stopped Dunphy when he was driving near Pitts Memorial Drive back in March 2012.
"His car smelled like marijuana. I arrested him and read him his rights. [Dunphy] said a lawyer wasn't necessary and that he had a permit to use medical marijuana," said Lush.
"He gave me his permit. I checked it and when I determined it was valid, Mr. Dunphy was released."
Questioned by Meghan Dunphy's lawyer, Bob Simmonds, Lush said he didn't believe Dunphy's police file suggested he was a risk for violence. Lush said Dunphy was co-operative with him during the traffic stop.
Inquiry continues
The public inquiry into the fatal police shooting of Don Dunphy will enter its fourth week Monday.
Along with Cpl. Lush, Dunphy's friend Rita Farrell and neighbour Rochelle Nolan testified Friday.
Dunphy was fatally shot by Smyth on April 5, 2015. Smyth was working with premier's security detail at the time.
Smyth, 38, drove to Dunphy's home in Mitchells Brook to investigate the 59-year-old's posts on Twitter, which were critical of then-premier Paul Davis and other MHAs.
Smyth said he shot four times after Dunphy pointed a rifle at him. An RCMP investigation of the shooting determined no charges were warranted against Smyth.
Follow along for updates throughout the inquiry in our live blog.