Crisis averted at Dunphy inquiry after confrontation between judge and RNC lawyer

The Royal Newfoundland Constabulary has agreed to nix a controversial application after the judge heading up the Don DunphyInquiry blasted the police force for a move that could cause delays and increase costs.

It was a sharp confrontation Tuesday that had Judge Leo Barry questioning whether the police force was trying to stop the inquiry from doing its work.

The inquiry is looking into the circumstances surrounding the death in April 2015 of Don Dunphy, 58, a Mitchells Brook man who was shot in his own home by RNC Const. Joe Smythwho had gone there to investigate tweets Dunphyposted about provincial politicians.

Major concern, says Barry

Tuesday's roller-coaster ride began when RNC lawyer Nick Avis made an application for disclosure of correspondence between commission lawyers and expert witnesses.

If accepted, the application could possiblyremove some expert reports from evidence at the inquiry.

"Experts are easily tainted, wanting to say what you want them to say," said Avis.

Barry said the RNC's application threatenedto block the Don Dunphy inquiry from making recommendations, and would result in a serious delay of proceedings and increase costs.

This a radical shift in the policy of the RNC.- Leo Barry

"Has the RNC decided to put roadblocks in the way of the commission to make recommendations?" Barry asked.

"This is a radical shift in the policy of the RNC. Up to now the RNC had been very helpful. I find it almost unbelievable at this stage."

Avis assured Barry that the RNC will continue to be co-operative.

"Theconfrontation is with the experts not the commission," he said and assured Barry he didn't intend to cause the trouble Barry suggestedthe application will cause.

But the judgewasn't satisfied with that response.

"Not good enough. I want that application withdrawn," he replied.

After a break to consultwith his client, Avis withdrew the application saying he may make a revised application later.

RNC chief takes stand

The dust-up between the inquiry judge and the RNC lawyer came on the day the chief of the Royal Newfoundland Constabulary took the stand to testify.

Bill Janes said he did not have concerns about the RCMP investigating the Easter Sunday shooting because it happened in their jurisidiction.

The RCMP concluded that Smyth, 38, used appropriate force and no charges were warranted.

Smythsaid he fired four times at Dunphy in self-defenceafter Dunphy pointed a rifle at him.

Joe Browne, a former RNC chief, who was former premier Paul Davis's chief of staff, is scheduled to be back on the stand at 3 p.m. Tuesday.

On Monday, the inquiry heard from Chief Medical Examiner Simon Avis, who said there was nothing in Dunphy's autopsy results that conflicted with Smyth's testimony about what happened the day Dunphy was shot and killed.

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