'Columbo' comment shows tension between judge and police after Dunphy shooting

A retired judge hired to observe the RCMP investigation of the Don Dunphy shooting made his displeasure with that investigation and the force's treatment of him clear in a phone conversation last September,according to a police record entered at a judicial inquiry Thursday.

The RCMPlog from Sept. 16, 2016shows how Judge David Richecalled police after returning from a vacation.

He spoke with the lead investigator of the shooting,RCMP Cpl. Steve Burke.

Burke wrote a report based on their conversation. He says Riche made these comments:

• The RCMP did not release his report because they were not happy with it and he said the investigators did not crossexamine the witnesses;
• The RCMP did not want him to investigate or act as "Columbo";
• He said that he would not change one thing in his report;
• He advised that while he was away he was contacted by the media.

Burke saidhe told Riche that a public inquiry was comingand theRCMPwasnot prepared to release any reports. He saidRicheresponded that "the person responsible will have to answer to hisactions."

In September, Riche gave a number of interviews to numerous media outlets.

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

He has since said he assumed reports about theDunphyshooting investigation, including his own, had been released to the public when he did those interviews.

Recently Riche told CBC News that he plans to apologize to the inquiry when he testifies on March 1.

The inquiry, headed by Justice Leo Barry, is trying to determine the facts surrounding the April 5, 2015 shooting of Dunphy, 59, at his home inMitchellsBrook, St. Mary's Bay.

JoeSmyth, 38, a Royal Newfoundland Constabulary constablewho had gone there to investigate tweets posted by Dunphy about politicians, has said he fired four shots, killingDunphy, afterDunphypointed a rifle at him.

Bolt left open in Dunphy gun

In testimony Thursday, Cpl. Burke also said evidence suggestedDunphydidn't intend to shoot Smyth during that Easter Sunday visit.

Burke told the inquiry that a 22-calibrerifle found near Dunphy was loaded but the bolt-action gun wasn't ready to be fired because the bullet chamber was left opened.

"I don't know if Mr.Dunphyintended to fire his gun, and the bolt being open suggests he didn't intend to fire his gun," hetestified.

"If you had your time back would you have done anythingdifferently?" Bob Simmonds, lawyer for the Dunphy family asked as he questioned the thoroughness of the RCMP investigation.

Burke replied "no."

Simmondssuggested the RCMPhad "tunnel vision."

Hewas ready for someoneto come.- Steve Burke, RCMPinvestigator

"I believe it's a fair statement that you and other RCMP officers accepted Smyth's version at face value," he said.

Burke disagreed but when Simmondssuggested Smyth's version of events was implausibleBurke defended it.

"There was evidence of a rifle. He [Dunphy] had a stick. The scenario isn't too far fetched that it couldn't have happened,"he said.

"I don't think he moved that gun that day. I think it was moved previously. Mr. Dunphy said earlier to a friend 'let them come.' I think he was ready for someone to come."

Burke has been testifying since Tuesday at the inquiry into Dunphy's shooting death.

No 'preferential treatment'

He was also questioned Thursday by Smyth's lawyer, Jerome Kennedy, whocountered the suggestion that Smyth received "preferential treatment" when he wasn't asked to give a statement the day of the shooting.

"What grounds did you have to detain Smyth?" he asked.

"We didn't have any," said Burke.

"You were asked: 'Why would Dunphy point a gun at Smyth?'I ask: why would Smythwant to shoot Dunphy?" Kennedyasked.

"I don't know.," said Burke.

At the time of the shooting, Smythwas working with the security detail forPaul Davis, then premier of Newfoundland and Labrador, whose communications staff alerted him to "disconcerting" tweets.

On Wednesday, RCMP disclosed messages between Smyth and another RNC officer, Tim Buckle, sent after the shooting,but before Smyth gave a statement to the RCMP.

• Don Dunphy: Read CBC'sonline coverage

Smyth testified in January he had received no advice or input about what should go in the notes he gave to RCMP.

Follow updates from the inquiry in our live blog.