ASIRT told Don Dunphy's daughter evidence was lost, lawyer says

No charges will be laid against the police officer who shot and killed Don Dunphy in 2015, RCMP said Tuesday.

However, Dunphy'sdaughtersays the Alberta Serious Incident Response Teamtold her there were errors in the investigation,"which resulted in a loss of evidence."

The police force released limited results of itsinvestigation Tuesday morning into the Dunphy shooting, buttold reporters that there were no grounds to charge RNCConst. Joe Smyth in the incident.

• 5 lingering questions in the fatal shooting of Don Dunphy
• Paul Davis says staff alerted police to perceived threat prior to shooting

"The investigation concluded that as much force was used as was necessary, and there was no information around the circumstances, in the investigation itself, that would lead us to lay any criminal charges,"RCMPSgt. PeteMcKaysaid at a news briefing Tuesday morning.

Dunphy was shot and killed at his home on Easter Sunday in 2015by Smyth, aRoyal Newfoundland Constabulary officer and a member of then-premier Paul Davis's protective detail.

Smyth was visiting the residence in Mitchells Brook, St. Mary's Bay,to conduct a risk assessment after Dunphy, 59, sent a string of tweets tothe premier.

Itattributed errors to local inexperience in conducting police-involved shooting investigations.- Statement from Dunphy family on report findings

According to ASIRT, which reviewed the RCMP investigation, Smyth was "conducting a voluntary interview when a confrontation occured."

Erin Breen, the lawyer representing Dunphy's daughter Meghan Dunphy, issued a statement Tuesday afternoon.

Breen said MeghanDunphy was told there was a loss of evidence, but it did not affect the final conclusion of the investigation.

Further, the statement said ASIRT told Dunphythat "itattributed errors to local inexperience in conducting police-involved shooting investigations."

"Ms. Dunphy was also informedthat retired Justice David Riche, Independent Observer, has completed a separate report that raisesconcerns about the shooting incident itself (which was not the subject of the ASIRT review)."

Breen said Dunphyhas not been given access to reports from the RCMP, Riche or ASIRT.

The RCMPtold CBC News late Tuesday afternoon that no evidence was lost, but Breenstood by the statement.

"That's what we were told," she told CBC on Tuesday evening. "(The RCMP) were not present at the meeting (with ASIRT)."

Family wanted answers

But Sgt.McKaygave reporters fewdetails when asked during a news briefing.

McKay saidthe shooting was a "tragic circumstance" for theDunphyfamily, but shared fewdetails about what exactly happened the day Dunphy was shot.

We have to allow these investigations to happen. We need to allow this work to be done.- Justice Minister Andrew Parsons

"We can't discuss a lot of the details of the investigation," he said.

"There's reports of a pending inquiry into this matter. The RCMP certainly does not want to provide information that may slant or hamper that process from unfolding as it should."

Early in itsinvestigation, the police force said Dunphy was killed after he pointed a loaded firearm at Smyth, following a 15-minute encounter between the two men.

The Dunphy family and Smyth were briefed Tuesday on the results of the RCMP investigation.

• Don Dunphy's daughter loses faith in RCMP, demands outside investigation
• 'Significant value' in public inquiry, says RNC cop who shot Don Dunphy

The provincial government has committed to holding a public inquiry once the police reportwas complete.

Investigation was reviewed

ASIRT, which investigates police shootings in Alberta,wrote to the Newfoundland and Labrador governmenton Monday, detailing some results of its review.

Their report found that theRCMP"followed the best practices and principles of major case management," and that its investigation was "thorough, complete and unbiased."

However, ASIRTwas only tasked to review the RCMP's own steps to investigate Dunphy's death, and was not asked to provide any determination on whether Smyth was "lawfully placed" at the time, or whether lethalforce was appropriate.

The reviewers did say they found minor issues with the RCMP investigation, but none that reached a critical level.

Joe Smyth offers comment

In an email to CBC News, Smythsaid he would like to answer any outstanding questions, but he is not able tobecause of a pending inquiry.

However,he did want to clarify the reason why he was at Dunphy's home on Easter Sunday.

"At no point did I or members of the RNC interpret any of Mr. Dunphy's social media commentary as threats as has been indicated time and time again by both traditional and social media platforms," Smythwrote.

He goes on to say that "the goal of this meeting was tobuild a rapport with Dunphy, and to to identify if there was a reasonable solution to his grievance."

Smyth said it was a regularly scheduled shift for him theday of the shooting and "the first opportunity other duties and sufficient information permitted the visit."

"Sorry I cannot comment further at this time on what is indeed a tragedy."

Inquiry coming

On Tuesday, Justice Minister Andrew Parsons said the government would be moving quickly towards setting up a public inquiry into Dunphy's death.

Parsons expressed frustration that precise details about the incident have yet to be released, but said he wants that information to be made public through theinquiry.

"I know the public want[s] information now, they wanted information a year and a half ago," he said.

"It's just the nature of this, we have to allow these investigations to happen. We need to allow this work to be done."

Parsons couldn'tset a precise date for the inquiry to begin, but said he would move as quickly as he could without negatively impacting the results.

"I don't want to be a part of an inquirythat, when it's all said and done, people are sat back saying, 'I feel there's still questions there.'"

Meanwhile, RNC Chief Bill Janes released a statement Tuesday afternoon passing on condolences to the Dunphyfamily.

"Any premature loss of life in these types of circumstances is a tragedy and is traumatic for all persons involved," Janes said in a statement.

Janes thanked the RCMP and ASIRT, adding the force is waiting on a report from the Saskatoon Police Service.

That investigation is lookinginto compliance with RNC policies and procedures.