NL

Alberta team investigating complaint against RNC officer who fatally shot Don Dunphy

The Royal Newfoundland Constabulary has confirmed that one of its members is again being investigated by the Alberta Serious Incident Response Team.

ASIRT investigating contact between Smyth and member of the public in May

A man wearing glasses is wearing a black suit and red tie. He is sitting in front of black curtains. A thin black microphone is in front of him.
Const. Joe Smyth testifies at the Don Dunphy inquiry in March. (CBC)

The Royal Newfoundland Constabulary has confirmed that one of its members is being investigated by the Alberta Serious Incident Response Team (ASIRT).

CBC News has confirmed that Const. Joe Smyth is the officer the team is investigating.

ASIRT — a group that that independently investigates serious incidents that arise from the actions of police in Alberta — said it's conducting a criminal investigation of a professional misconduct allegation.

An ASIRT official said specifically, the team is looking into contact between an RNC officer and a member of the public in May 2017. 

The team has visited the province and since returned to Alberta, where it will prepare a report on the investigation. The investigators have not determined if criminal charges are warranted, and ASIRT doesn't determine the work status of officers it investigates.​

RNC Const. Joe Smyth, right, is under investigation by the Alberta Serious Incident Response Team. Police determined no charges were warranted after Smyth fatally shot Don Dunphy, left, in 2015.

Smyth is the police officer who fatally shot Donald Dunphy in his Mitchells Brook home in April 2015. 

In 2015, the RCMP were called in to investigate Dunphy's shooting and determined no charges were warranted against Smyth, who maintained he fired his gun in self-defence after Dunphy pointed a rifle at him.

Placed on administrative duty

In a statement issued late Monday afternoon, RNC Chief Joe Boland said "the officer in question has been temporarily placed on administrative duty pending the outcome of the ASIRT investigation."

Boland did not provide details on the nature of the complaint that is being investigated.

A photo of a piece of paper that says ASIRT.
The Alberta Serious Response Team investigates serious incidents involving police officers in Alberta as well as in Newfoundland and Labrador, since the province doesn't yet have its own agency. (ASIRT)

"I notified the Department Justice and Public Safety and requested that an outside agency conduct the investigation into the complaint. The Department of Justice and Public Safety subsequently requested the assistance of the Alberta Serious Incident Response Team (ASIRT)," he said.​

'Has to be taken seriously'

Justice Minister Andrew Parsons weighed in on the issue Monday.

"Whenever something like this comes up involving our police forces, it has to be taken seriously. And the fact that it is referred shows that it is being taken seriously and having an independent investigation done," said Parsons.

Newfoundland and Labrador doesn't  have an independent investigative body, but the province is currently preparing to launch its own similar agency.

With files from Mark Quinn