Last of 56 witnesses testifies at Don Dunphy shooting death inquiry

It's a wrap for testimony at the judicial inquiry into the fatal shooting of Don Dunphy.

Hearings wrapped up Friday after testimony from 56witnesses whohelped dissect the incident, the deadly confrontation,and the days and weeks that followed it.

For Inquiry Commissioner Justice Leo Barry, lawyers and members of public who followed along,it's beena wild ride that took many unexpected and dramatic turns.

The inquiry is looking at what happened on April 5, 2015 when RNC Const. JoeSmythfatally shotDunphyin hisMitchellsBrook home.

Smyth, a member of then-premier Paul Davis's security detail, was there to speak with Dunphy about his controversial social media posts about politicians.

Days after Dunphy died on Easter Sunday 2015,an RCMP statement saidDunphy was shot after he pulled a gun on a police officer. Smyth told the inquiry he fired four times, in self defence.

Dunphy's daughter

But In the early days of January an alternative theory about what may have happened in Dunphy's homeemerged.

• An alternative theory of what happened in Mitchells Brook emerges at Dunphy Inquiry

Dunphy's daughter, Meghan,suggested that maybe Smyth fired after her father raised a stick. Dunphy was an injured worker whoused medical marijuana to deal with chronic pain. His daughter saidhe carried a stick to fend off anyone who might try to steal his medication.

There was more dramatic testimony from two paramedics. Both said the rifle Dunphy is alleged to have pointed at Smyth was in a different position in police photographs than when they saw it hours after the shooting.

• Paramedics say police photos not the way they remember Don Dunphy death scene

And of course, Smythhimself testified. He was questioned and cross-examined for more than six days, and in a surprise turn, was called back to testify again after phone records revealed he had spoken with a colleague before making his police statement ... something he had said he didn't do when he testified the first time.

Those new phonerecords included a text whereSmythtold a friend he was going to visit a "lunatic" who wasthreatening the premier.

• Const. Joe Smyth misled Dunphy shooting inquiry, new evidence suggests

When Smyth was called back he said he hadn't misled the inquiry because he didn't recall the exchange and furthermore it hadn't influenced the statement and notes he gave to police.

• Defiant Joe Smyth adamant he did not mislead Dunphy inquiry in prior testimony

Justice Leo Barry said before and during the hearings that one of primary tasks of the inquiry is to establish Smyth's credibility

RCMP scrutinized

The RCMPtook a beating with lawyers and witnesses accusing it of tunnel vision of unquestioningacceptance of Smyth's version of what happened before the investigation into the shooting was completed.

There was also criticism of retired judge David Riche who was hired by the RCMP to independently observe its investigation of the shooting.

The RCMP said he ignored his contract and tried to investigate rather than observe. Smythalso had strong words for Riche's report.

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

After investigating the shooting the RCMP concluded that Smyth had used appropriate force and no charges were warranted.

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

Many questions may never be answered to some people's satisfaction but Smyth's lawyer, Jerome Kennedy, and many of the police witnessessaid none of the evidence disproved Smyth's statement that he shot Dunphy in self-defence.

Last witness

The last witness Friday was Sgt PatrickLenehan ofthe Ontario Provincial Police Force. Lenehan was asked to assess the decisions Smyth made before meeting Dunphy in 2015. He said he found no fault with what Smyth did.

Judge Barry now faces the difficult task of trying to make sense of two months of testimony. Lawyers at the inquiry have until April 7 to submit their final, written submissions to the inquiry. Barry'sreport and recommendations are due by July 1.