Don Dunphy sister-in-law in contempt by refusing to testify at shooting inquiry, commission argues

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,theCommission 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 homeDon 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, RichardDunphy, 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 thenpremier's protective service, made the visit to determine if the posts were threatening.

Smythtestified that he shot at Dunphyfour timesafter Dunphy pointed a rifle at him.

• Const. Joe Smyth used 'appropriate force' to defend himself, investigators say

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 forbiddingDon Dunphyfrom having contact with his sister-in-law.

The commission's application describes her as "a key witness."

DebbbieDunphywas interviewed by police and a commission lawyer inNovember 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."

In January 2017,Dunphywasserved a summons to appear as a witness on Jan. 11, but she did not appear that day.

Instead her husband, RichardDunphy, who was also scheduled to testify that day, delivered a letter to thecommission.

• 'I should have warned Const. Smyth,' says Don Dunphy's brother at inquiry into shooting death

The letter included a short doctor's note saying Debbie Dunphycannot 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 Dunphyasking 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. Dunphydeliberately 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 inquireinto the death of Don Dunphyand reportits findings. The commission's report is due July 1, 2017.

• Last of 56 witnesses testifies at Don Dunphy shooting death inquiry

Debbie Dunphyis scheduled to appear in Supreme Court in St. John's in late June.