RCMP jumped to conclusion that Dunphy shooting was justified, says expert

A former U.K. police officer who worked with Ontario's Special InvestigationsUnit says he has found many deficiencies in the RCMPinvestigation of Don Dunphy'sshooting.

"TheRCMPperhaps jumped to the conclusion that this was a justified shooting too soon," said Gareth Jones, who testified Tuesday at the judicial inquiry into the April 2015 shooting.

Dunphy was killed by a Royal Newfoundland Constabulary officer, Joe Smyth, who had gone to hishome in Mitchells Brook to investigate tweets posted by the injured worker about politicians.

Smyth's claim that he fired in self defence after Dunphy pointed a rifle at him was accepted by the RCMP, who concluded he did nothing wrong.

This early on they didn't have the evidence to conclude that this was a clean shoot.- Gareth Jones

Jones was critical of that RCMP investigation.

He referenced an interview the RCMPdid with Smyth the day after the shooting, saying, "It was clear the police were empathetic with Smyth.When they told him 'You saved your own life' it gavethe appearance of lack of impartiality," said Jones a former SIU investigator who now directs major investigations at the Ontario Ombudsman's office.

"This early on they didn't have the evidence to conclude that this was a clean shoot."

Concerns about news release, rifle position

Jones was also critical of the news release police issued two days after the shooting.

"The RCMP release on April 7 seriously prejudiced the investigation. Far toomuch, far too early," said Jones.

"The RCMPrepeated what Smyth had told them before the investigation was done. It came to a conclusion it may have been the right one but it was far too early in the investigation."

Jones says the police failed to thoroughly investigate the position of the rifle Dunphy is alleged to have pointed at Smyth.

Police photos show it resting on a blue, plastic bin but two paramedics who where at the scene of theshooting say they didn't see that bin when they were there.

"The position of the gun was a reasonable, serious issue that required resolving," said Jones.

"That needs clearing up. It leaves a big question mark."

Despite these problems, Jones didn't suggest the RCMP's conclusion that Smythused appropriate force with Dunphy was incorrect.

"Just because there are flaws in an investigation doesn't mean the ultimate outcome is wrong" he said.

Background includes 500 cases

Jones worked as a uniformed police officer in London for many years before moving to Canada in the late 1980s, to work with the Special Investigations Unit (SIU) of the office of Ontario'sattorney general.

The SIU is a civilian agency that has a mandate to conduct criminal investigations arising from incidents involving police officers.

"I was involved in the investigation of approximately 500 incidents where police were involved in a death or a serious injury," wrote Jones in a reportto the inquiry.

At the time of the shooting,Smyth, a constable with the RNC, was attached to the security detail of then-premier Paul Davis.

The second scheduled witness for Tuesday is Dr. Stephan Hart, who is expected to speak about threat assessment. Hart was called as a witness by Smyth's lawyer, Jerome Kennedy.

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