Police shootings must be treated as criminal investigations: Judge Leo Barry

A police officer who tried to help Const.Joe Smyth after he fatally shot Don Dunphy was given a primer Monday on why police shootings must immediately be treated as criminal investigations.

Judge Leo Barry outlined his concerns while Royal Newfoundland Constabulary Acting InspectorMike Adams testified at the inquiry into Dunphy's death.

Adams met with Smyth at the RCMP detachment in Holyrood after the shooting in Mitchells Brook. He told the inquiryhis goal was to offer support to an fellow officer who hadjust been through a traumatic incident.

Smythtold the RCMPhe shot Dunphy in self defence after Dunphypointed a rifle at him.

The RCMP was investigating the shooting incident, not the RNC, but Barry talked about how Adams's actions might be perceived by the public.

"We've had questions whether Smyth was treated differently than anyone else would have been in this situation," said Barry

'Is there a conflict between treating an investigation as criminal, and giving support?"

Adams replied: "I don't know but I believe anofficer in a case like thisshould give support."

Barry suggested the perception that an officer is treated differently than someone else might actually do him more long term damage "leave doubts hanging over them" than the short term benefit of offering support.

"Treating police as innocent can lead toa problem. It's betterfor the officer in question to put them through a tough investigation. Ifit's clear that it's been treated as a criminal death then the public is more likely to be satisfied that police were fair," he said.

Smyth advised to wait before making statement

Adams testified that he met with Smyth on Easter Sunday, 2015 the day of the shooting "to see Joey and support Joey."

Commission co-counsel Sandra Chaytor asked Adams, "Did you offer advice aboutwhen to speak withRCMP?"

"One RNC member did," said Adams."Iwas more concerned with calmingSmythdown."

Adams's notes showhe advised Smyth to wait. He said in past investigations he'd seen people remember important items a day or so later.

Chaytor asked if it was common practice in investigations to get a statement as soon as possible.

Dunphy'sdaughterMeghanhad been asked to give a statement onthe day of the shooting.

Adams agreed it was.

"Joey wanted to tell his side of the story. I told him to wait. He had been through a traumatic incident," he said.

Adams said he could see that Smyth'shands were shaking and he didn't want to make him live through the "traumatic incident" again.

"I knew the RCMP would be there to take Joey's statement later," he said.

Adams said Smyth did give him some details of the shooting anyway. He said Smyth told him he was holding a file folder. Dunphypointed a rifle, Smyth said 'no, no, no' and then fired three or fourtimes

Adams a friend of brother, Dick Dunphy

Adams has been a friend of Dick Dunphy's for almost a decade but he said Dick never mentioned he had a brother, Donald.

Adams said he didn't realize the connection until after he met with Smyththe day of the shooting. Adams's wife called to say that Dick had called and that it was hisbrother involved in the shooting.

Adams testified Monday that he called Dick Dunphy the evening of April 5to say he was sorry his brother was shot.

Adams said Dunphy asked about the police officer and said " if I had known he had a firearm I would have told the officer"

Adams said he then called Warren Sullivan of the Royal Newfoundland Constabulary Association to passalong Dunphy'scomments to him.

On April 7, 2015, Adams gave statement to the RCMP but did notmention his relationship with Dick Dunphy.

"I guess they didn't ask and I didn't think of it," he said.

RCMPlearned through other sources didn't they? asked Chaytor.

"Yes," replied Adams.

"Did you tell them then of your conversation with Dick on April 5?" asked Chaytor.

"No I didn't," saidAdams.

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The Don Dunphyinquiry is in its fourth week. Judge Leo Barry is hearing about the circumstances surrounding the Easter Sunday shooting of Dunphy at his home in St. Mary's Bay.

Const. Joe Smyth, who was working with then-premier Paul Davis's security detail,went to Mitchells Brook to investigate what he called "disconcerting" tweets that Dunphy had posted about Davis and other politicians.

Smythsaid he shot four times afterDunphypointed a rifle at him. AnRCMPinvestigation of the shooting determined no charges were warranted againstSmyth.

• RCMP investigation of Don Dunphy shooting death to face intense scrutiny at inquiry
• Const. Joe Smyth used 'appropriate force' to defend himself, investigators say

Followupdates throughout the day: