RCMP accused of tunnel vision in combative exchange about Don Dunphy investigation

An RCMP officer involved with the investigation into Don Dunphy's shooting death vigorously defended the way police handled the case Wednesday,in the face of accusations investigators made up their minds too quickly.

Const.John Galway, the RCMP'sfamily liaison on the case, testified at the judicial inquiry into Dunphy'sdeath Wednesday.

The RCMP were called in after Royal Newfoundland ConstbularyConst.Joe Smythshot and killed Don Dunphy in his Mitchells Brook home on Easter Sunday 2015.

Smythwas the complainant the victim.- John Galway

Smythwas there to speak with Dunphy about his social media posts tweets that criticized then-premier Paul Davisand other MHAs.

Smyth says he fired at Dunphy four times after Dunphy pointed a rifle at him.

Tunnel vision?

Galway said that on the day of the shooting, he quickly began to believe that Smyth had acted in self defence.

"The evidence was that Dunphy pointed a gun. Smyth was the complainant the victim," he said.

Galway bristled when Dunphy family lawyer Bob Simmondspressed him, suggesting police accepted Smyth'saccount too quickly.

"Very early on you accepted Smyth's version," said Simmonds.

"The information I had was that the man in the house inMitchellsBrook pulled a gun on Const. Smyth and Const. Smyth had fired," responded Galway.

"We accepted it unless there was evidence that suggests it waswrong."

Inquiry Comissionerinterjects

Justice Leo Barry, the judge leading the inquiry,questioned that approach.

"You said the RCMPaccepted Smyth's version until there is evidence to the contrary, but shouldn't you startwith the conclusion that it's criminaluntil the evidence shows it isn't?" he asked.

Simmondsasked Galway if other members of the RCMP shared his view on what happened.

"Would you agree that right from the start you felt this is what had happened and that was the vision call it tunnel vision all along?" asked Simmonds.

"All I can tell you is what I think," said Galgay.

"But I do not believe there was tunnel vision."

Simmondsdisagreed.

Anytime I've had a client who is taken in and detained they aren't allowed any such luxury as that.- Bob Simmonds

"The way officer Smyth was handled is indicative of the police's tunnel vision with respect to this," he said.

Simmonds, a defence lawyer, suggested Smyth received special treatment from the police treatment anyone else who just shot and killed a man could not expect.

"Officer Smyth is brought back to the detachment, there four RNC officers there who say they aren't going to interfere but are there to support," he said.

"Anytime I've had a client who is taken in and detained they aren't allowed any such luxury as that. That is not a normal occurrence in an investigation."

Almost a year and a half after the April 5, 2015 shooting, The RCMPconcluded no charges are warranted against Smyth.

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

The inquiry is scheduledto continue Thursday with testimony from a member of the Protective Services Unit assigned to handle the premier's security.