Dunphy stopped and released by police without incident years before fatal shooting, RCMP officer recounts

A police officer who arrested Don Dunphy in 2012 testified about his incident-free encounter with the man who would later die in a confrontationwith Royal Newfoundland Constabulary's Joe Smython Easter Sunday 2015.

RCMPCpl.Lee Lush says he met Dunphyin connection with a tip alleging Dunphywas growing marijuana and selling it to minorsin 2012.

His car smelled likemarijuana. I arrested himand read him his rights.- Cpl. Lee Lush

Lush testified at the judicial inquiryFriday by phone. He is stationed in Pugwash, Nova Scotia, but was stationed in Holyrood in 2012.

Previous marijuana conviction

Lush said he did a police search of Dunphy'shistory and vehicle registration and saw that Dunphy had a previous marijuana possession convictionin 2001. Dunphy's police file also flagged him for violence and drugs.

The violence flag related to a harassment allegation that was withdrawn and resulted in a peace bond being issued against Dunphy. Under the conditions of the peace bond Dunphy was not to have contact with his neighbour and sister-in-law Debbie Dunphy. They had a sometimes heated disputed about land.

Lush, along with two other police officers, stopped Dunphy when he was drivingnear Pitts Memorial Drive back in March 2012.

"His car smelled like marijuana. Iarrested him and read him his rights. [Dunphy] said a lawyer wasn't necessary and that he had a permit to use medical marijuana," said Lush.

"He gave me his permit. I checked it and when I determined it was valid, Mr. Dunphy was released."

Questioned by MeghanDunphy's lawyer, Bob Simmonds, Lush said he didn't believe Dunphy'spolice file suggested he was a risk for violence. Lush said Dunphy was co-operative with him during the traffic stop.

Inquiry continues

The public inquiry into the fatal police shooting of Don Dunphywill enter its fourth week Monday.

• Read our coverage of the Don Dunphyinquiry

Along with Cpl. Lush, Dunphy's friendRita Farrell and neighbour Rochelle Nolantestified Friday.

Dunphy was fatally shot by Smyth on April 5, 2015. Smyth was working withpremier's security detail at the time.

• RCMP officer phoned cop who shot Don Dunphy to 'comfort' him during shooting investigation

Smyth, 38, drove to Dunphy's home in Mitchells Brook to investigate the 59-year-old's posts on Twitter, whichwere critical ofthen-premier Paul Davisand other MHAs.

Smyth said he shot four times after Dunphy pointed a rifle at him. An RCMPinvestigation of the shooting determined no charges were warranted against Smyth.

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

Follow along for updates throughout the inquiry in our