Const. Joe Smyth showed 'complacency and poor judgement', says expert

Aformer chief and expert on police practices who testified at the Don Dunphyinquiry Wednesday iscritical of Const. Joe Smyth'sactions on April 5, 2015.

TerryColeman, who was the chief of police in Moose Jaw, Saskatchewan, and has researched de-escalation for more than a decade, saidSmythdidn't do an adequate risk assessmentbefore heading to Dunphy's home in Mitchells Brook.

"No, it fell short in regard to his personal safety," he said.

Coleman testified at a judicial inquiry intothe fatal shooting ofDunphy, 58, an injured worker who drew attention after posting tweets about politicians.

Interaction with Mr.Dunphymight have been moreaggressiveand disrespectful.- Terry Coleman

Smyth, a Royal Newfoundland Constabulary officer assigned to the security detail of then-premier Paul Davis,testified he shot Dunphy after Dunphy pointed a rifle at him.

The Coleman/Messinereport was posted on the inquiry'swebsiteWednesday afternoon.

Coleman said texts between Smythand a friend in which Smyth called Dunphy"a lunatic" shed light on his attitude when he visited Dunphy.

"It is not difficult to envision that the interaction with Mr.Dunphymight have been more aggressive and disrespectful than we have initially been told," wrote Coleman.

Inthe reportColeman saidSmythapproached the home visit "casually."

"It seems that Cst. Smyth had the attitude that this situation was not a big deal. There is an indication of complacency ... as well as poor judgement," wrote Coleman.

Didn't assess risk

In earlier testimony, Smyth said hecalled the RNC communications centre for background information on Dunphy while he was driving to Mitchells Brook, in St. Mary's Bay.

"His assessment was incomplete and a lot of it could have been done before he embarked on his journey. Smythdidn't conduct important and, reallyroutine checks, until he was on the road," said Coleman.

"It suggests he was determined to go."

Coleman also said Smyth didn't take appropriate cautionary measures.

"Didn't tell dispatcher where he was which is standard procedure, basic officer safety procedure, and he didn't arrange for dispatch to call him after an allotted time," he said.

One of his options was to leave and regroup.- Terry Coleman

Coleman also said Smyth may have missed an opportunity to de-escalate the meeting with Dunphy.

"Smyth described a deteriorating situation. One of his options was to leave and regroup," said Coleman.

Sgt. MikeMassine,a use-of-force trainer, who also testified Wednesday, saidthe RNC use-of-force training manual uses outdated language and concepts.

"It needs a thorough review and overhaul," he said.

Smyth lawyer objects to report

More than an hour was spent onSmyth's lawyer, Jerome Kennedy's objections to a report Coleman and Massine co-authored and submitted to the inquiry.

Kennedy, who objected strenuously to sections of their report, saying"Itused terms like 'Smyth was negligent,'" successfully fought to have portions redacted.

"It's written like a Grade 6report rather than an expert submission" he said.

The RNC'slawyer at the inquiry echoedhis concerns.

"There's trouble with it going out to the public and being interpreted," said Nick Avis.

Barry agreed to edit, or redact, some parts of the report.

"I understand that there are certain criticisms of Smyth that you don't want discussed in public," he said.

Earlier witness supported Smyth's decisions

On Tuesday a witness called by Smyth'slawyer, Jerome Kennedy, said he believed Smyth's decisions were sound.

Dr, Stephen Hart, who researches threat assessment,said he did not believe Dunphy's tweet was a threat.

"Why follow up a tweet that isn't a threat?" asked Kennedy.

"You need to investigate if someone is moving towards violence," said Hart. "In this case a home visit was entirely appropriate."

He also said that it was a good idea for Smythto go alone in plain clothes and an unmarked car.

"It respects people's dignity," said Hart. "Go low profile unless it's a high-risk situation."

• Don Dunphy inquiry: Read CBC's full online coverage

The RCMPinvestigated the shooting. It concluded that Smyth used appropriate force and no charges were warranted.

Followtestimony at the Dunphy inquiry in our live blog.