Judge stepped out of bounds, Dunphy shooting inquiry told

The judge hired as an independent observer to oversee the RCMP'sinvestigation of the fatal shooting of Don Dunphyfailed to do what was expected of him, says theofficer who hired him.

"I recall discussions that Retired Judge David Riche was slipping outside his observer roleand into an investigative role," said RCMPRetired ChiefSupt. AndrewBolandon Wednesday at theinquiry into the shooting.

Dunphy, 59, was killed on April 5, 2015 by a Royal Newfoundland Constabulary constable, Joe Smyth, who had gone to his home in Mitchells Brook, St. Mary's Bay to investigate tweets about politicians thatraised concerns in the office of then-premier, Paul Davis.

At the time, Smyth worked as part of Davis's security detail.

The judicial inquiry into the shooting resumed Wednesday afternoon, after being derailed by a storm system that moved into eastern Newfoundland on Tuesday.

Boland, who was second-in-command with the RCMPin Newfoundland and Labrador when the forcebegan investigating Dunphy's death, told the inquiry that Riche was expected to respect the confidentiality of the investigation.

Speaking to witnesses was also at odds with the terms of his hiring, Boland said.

In Sept, 2015, before other reports intoDunphy's shooting had been released, Riche spoke with numerous media outlets including CBC News, saying he had many questions about the fatal shooting.

Riche said he wondered why Smyth had gone alone to Dunphy's house, and why Dunphy had invited him in when he had posted signs outside telling "government people" and others to go away.

He also questioned whether Dunphy's gun was ready to fire.

"They basically accepted [Smyth's] statement, and that was basically the end of the matter," Riche said."Well, dead men tell no tales."

Riche has since said that he will apologize to the inquiry for the timing of those interviews.

• 'Dead men tell no tales': Former justice left with questions in Don Dunphy shooting
• 'I'm going to apologize at Don Dunphy shooting death inquiry,' says retired judge David Riche

Smyth, in his testimony, has been very critical of Riche's approach.

"He gave some facts but they were shrouded in his own twisted interpretation." Smythtold the inquiry on Jan. 25.

The RNC officer has testified that he fired his service pistol four times, in self defence, after Dunphy pointed a rifle athim.

The RCMPconcluded that no charges should be laid against Smyth.

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

Follow updates from the testimony in our live blog.