Paramedics say police photos not the way they remember Don Dunphy death scene

The paramedics whoresponded after Don Dunphy was fatally shot by a police officer told a judicial inquiry Friday thatthe scene they sawwas different than the one depicted in police photos.

Paramedics Nancy Linehanand Kevin Bishop werebrought into Dunphy's home in Mitchells Brook on April 5, 2015, after Dunphy was shot byRoyal Newfoundland Constabulary officer Joe Smyth.

I don't recall that blue tub.- Nancy Linehan

Linehantestified that the gun Dunphyis alleged to have pointed at Smyth was in a different position than photographs taken by RCMP officersshow.

She also said she didn't see the blue storage tub the gun is resting on in the photo.

"There was a rifle on the floor. I had to step over it. It was laid against the chair or his foot. It was tipped up," she said.

"I don't recall that blue tub."

Linehan also testified thatDunphy's hand was in a differentposition than it is shown in police photos.

The photos showit resting on his lap but she saidhis left hand was "hanging over the left side of his chair."

Linehan said she doesn't recall a heater near Dunphy's chair that is alsoin police photographs.

Bishop, who was driving the ambulance that day, also told the inquiry that hedid not see ablue tub at the scene.

When asked whether the gun was in the position shown in the policephoto,Bishop responded,"definitely not."

'Conspiracy theories'

The lawyer representing Const. Joe Smyth, Jerome Kennedy, objected during Friday's testimony.

"The public is watching and we have all kind of conspiracy theories beingdiscussed," he said.

"Did the police move the gun? This evidence can feed into these conspiracy theories."

JusticeLeo Barry, who is leading the inquiry,said he didn't see how Kennedy's objection is valid.

"You may argue that this is a conspiracy theory and I'll have to decide," he said.

The lawyer for Don Dunphy's daughter, MeghanDunphy, said he wanted to put something on the record.

"We do not accept Mr. Smyth's version of what took place," Bob Simmonds said.

Easter Sunday shooting

Smythwent toDunphy'shome inMitchellsBrook on EasterSunday 2015, responding to concerns over some ofDunphy'stweets.

At the time,Smythwas part of then-premier Paul Davis's security detail.

TheRCMPinvestigatedand concluded that no chargeswere warrantedagainstSmyth.

• Dunphy death 'cemented' justice minister's resolve to set up independent unit to investigate police
• RCMP accused of tunnel vision in combative exchange about Don Dunphy investigation

The inquiry began Jan. 9 and is scheduled to hear from more than 50 witnesses, including Davis. Justice Leo Barry is hoping to complete hearings in early March.

Follow updates from the inquiry in our live blog.