'Facts shrouded in twisted interpretation': Const. Joe Smyth lashes out at retired Judge Riche

The Royal Newfoundland Constabulary officer who fatally shot Don Dunphyhad harsh words for a retired judge who was hired by the RCMP to oversee the policeinvestigation into the April 2015 shooting.

"Everything he said publicly was false and how he portrayed me ... extremely difficult," said Smyth, referringto comments David Riche made to the media in September, 2016.

"He gave some facts but they were shrouded in his own twisted interpretation."

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

Lawyer Jerome Kennedy told a public inquiry into the shooting on Wednesday thatRiche was thefirst person to suggestSmyth waited 12 minutesbefore calling police after the shooting.

"That led to erroneous theories of what I was doing after the shooting," said Smyth.

His comments about Riche came as he was questioned by Kennedy, who is representing him at the inquiry, about the long-termimpact the shooting incident has had on him.

Smyth explained that he received treatment from a psychologistafter he had trouble sleeping and said that when he did sleep he had recurring nightmares about being shot himself.

He also said criticism in the media and on social media was very disturbing, especially since some of it targeted his wife and then 5-year-old child.

The stress forced him to take a leave from work.

Riche has been sitting in on testimony at the inquiry but wasn't present Wednesday.

Questions about training

A lawyer representing a coalition of Mitchells Brook area residents suggested Wednesday that Smythwas ill prepared to visit Don Dunphy on that fateful Easter Sunday.

Smyth, who worked with the then-premier's security detail, went to St. Mary's Bay to investigate what he has called "disconcerting" tweets posted by Dunphy on social media.

Cletus Flahertyasked Smyth whyhe didn't speak with Dunphy's daughter, Meghan, before the visit, and why he didn't do more to determine if Dunphy was mentally ill or if he was suicidal,

Smyth said he hoped to get more information about those issues by interviewing Dunphy.

"What de-escalation techniques were you trained in?" asked Flaherty, who is the third lawyer to question the officerat the inquiry into the circumstances surrounding Smyth's shooting of Dunphy.

"I asked him to calm down, told him I wasn't there to arrest him," replied Smyth.

"You say you were prepared but a disabled, old man was able "to get the jump on you," saidFlaherty, who representsthe Don DunphyCommunity Coalition.

At this point, Jerome Kennedy, Smyth'slawyer, objected to the tone of Flaherty's question, calling it "sarcastic."

Justice Leo Barry agreed and cautionedFlaherty.

"Would you not agree you were unprepared?" Flahertyasked.

"No, if I wasn't prepared I wouldn't be here," replied Smyth.

"It's by the grace of God that he didn't shoot you, would you agree? said Flaherty.

Smyth agreed.

'We shouldn't limit free speech'

Tom Williams, the lawyer representing former premier Paul Davis, also questionedSmython Wednesday.

"Did you ever get directives from Davis or his chief of staff, Joe Brown?" asked Williams.

"No," Smyth replied.

Davis was premier when Dunphy was killed.

Williams asked whythe protective services unit monitors social media posts

"We shouldn't limit free speech but there is a boundary where it becomes harassment and abuse," said Smyth.

Smyth said it wasn't uncommon for members of the protective services unit to visit people whose social media posts had raised concerns.

Smyth said the work ofthe protective services unit didresult in some charges being laid. He said a person was charged for illegally entering then-premier Danny Williams's home, and that a person was charged with criminally harassing Tom Marshall while he was premier.

Smythsaid KathyDunderdale received more critical posts than other premiers, and noted they could be inappropriate or sexually explicit, "perhaps because of her gender."

The premier's phone call

Davis called Smythhours after the shooting had taken place.

"It was only to express concern for me," Smyth said.

"None of the details of the shooting were discussed."

He also saidDavis knew nothing of the visit to Mitchells Brook before it happened and that he never discussed the details of shooting with any of the premier's senior staff, including Brown.

Wednesday marked the sixth day of testimony for Smyth, who has said he saw the barrel of a rifle pointed at him from the right side of a chair Dunphy sat in, and that Dunphycontinued to aim the weapon at him after he fired the first of four shots.

• I'm not a 'cold-hearted cowboy assassin,' says cop who shot Don Dunphy

The RCMP investigated the shooting death and determined that no charges were warranted against Smyth.

One of the investigating officers, Cpl. Trevor O'Keefewas on the stand Wednesday and is expected to answer more questions on Thursday.

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