Tunnel vision accusation 'scandalous,' RCMP officer tells Dunphy inquiry

A letter that Meghan Dunphy's lawyer wrote days after her client's father was shot dead by a police officer was described as "scandalous" by a senior RCMP officer involved in the homicide investigation.

In herletter, Erin Breenaccused the police of having "tunnel vision" and asked that a outside force other than the RCMP investigate the shooting.

• Read our full coverage of the Don Dunphy inquiry

During the judicial inquiry into the shooting on Tuesday, Staff Sgt. Kent Osmondsaid he believesher comments were unacceptable.

"To get a letter from a legal counsel accusing me of tunnel vision and sendthat to people who can affect my career. Toquestion my integrity and the integrity of people under my command and then to suggestthat the tunnel vision permeates my unit is so egregious that it questions all the investigations that we have done I think it's scandalous," he said

The inquiry is looking into the circumstances surrounding the April 5, 2015 shooting of Don Dunphy, 59, at his home in Mitchells Brook, St. Mary's Bay.

Royal Newfoundland Constabulary constable Joe Smyth said he shot Dunphy in self defence after Dunphy pointed a rifle at him. The RCMP cleared him of any criminal wrongdoing.

• Thoroughness of RCMP investigation of Dunphy shooting questioned at inquiry

JusticeLeo Barry, who is presiding over the inquiry, denied Breen's request Tuesday for a break in the hearings to prepare a response to the RCMP'sdescription of her letter.

"I'd like time to respond to something that came out of the blue at me.If Sgt. Osmond is accusing me of some kind of misconduct I feel I need to deal with that in an appropriate way. That was not something I anticipated happening today," said Breen.

Osmond'scomments weren't discussed at the inquiry again on Tuesday.

However,Barry decided she could apply to have Osmond return to the stand for further questioning if she wishes.

Dunphy glasses, bullet found by daughter

Smyth went to Dunphy's home to investigate tweets Dunphy had posted criticizing then-premier Paul Davis and other MHAs.

Breen's letter was written on April 16, 11 days after the shooting. She wrote that her client, Meghan Dunphy, had lost faith in the RCMP's ability to do a proper investigation, and asked for an outside andindependent investigator.

"I do not make this request lightly. I make this request on Ms. Dunphy's behalf after (1) keeping an open mind from the beginning of my involvement in this process and (2) seriously considering the information that I have seen and obtained from Ms. Dunphy as well as the response of the RCMP," wrote Breen.

Therequest was made afterMeghanDunphy found a22-calibrebullet and her father's glasses, items policetold her had no evidentiary value.

"My unfortunate but sole conclusion is that the investigation currently ongoing is not thorough and has not been objective," Breen wrote in her letter.

"The failure to seize an exhibit of this nature accompanied by the failure to ask wide ranging questions of available witnesses in a case of this nature is a serious red flag for tunnel vision which cannot and should not be ignored."

Other bullets found by police

ARCMPforensics specialist who testified at the inquiry Tuesday afternoon saidshe sawmore than two bullets at the scene of the shooting inDunphy'sliving room.

The inquiry heard earlier that an unspent22-calibrebullet was found on the table in front ofDunphyafter he was shot, another one was in the rifle near his feet, andMeghanDunphyfound a third one days after the shooting.

Cpl. Kelly Lee testifiedshe remembers another unspentbullet was in a container on the table nearDunphy.

Lee also said she recalled a pen near the folderSmythsaid he dropped before shooting atDunphy.

She said she doesn't recall if it was collected as evidence and wasn't sure of its exact location. She said it may have been under the folder found on the oval table.

Independent observerpaid more$20K

Meanwhile, the inquiry was told Tuesday that the RCMP paid retired judge David Riche between $20,000 to $25,000to provide independent oversight of its investigation into the Dunphy shooting.

RCMP Inspector Pat Cahill, the officer who met with Riche to contract the work,said Riche was paid a fee of $300 per hour.

Cahilltold the inquiry that police felt they didn't get what they had paid for, and were disappointed.

Responding to questions from Smyth'slawyer, Jerome Kennedy, he agreedit appeared that Riche was "ignoring" his mandate.

Cahill said he had to remind Riche several times that he was an observer and notan investigator or a judge.

"Why not cancel the contract?" asked Kennedy.

"We didn't know what we would get until we saw Riche's report," responded Cahill.

• 'Dead men tell no tales': Former justice left with questions in Don Dunphy shooting

Riche's report suggested the RCMP accepted Smyth's version of what happened in Dunphy'shome without examining it thoroughly. He also questioned whether Smythused appropriateforce, and described the incident as a confrontation between two angry men.

"My conclusion in this matter is that there is a series of mistakes because I believe that this killing should probably have never happened," wrote Riche.

In earlier testimony to the inquiry, RCMP and Smythsaid they were not pleased when they saw Riche's report.

• Judge stepped out of bounds, Dunphy shooting inquiry told

• 'Facts shrouded in twisted interpretation': Const. Joe Smyth lashes out at retired Judge Riche