RNC officer Joe Smyth charged with obstruction of justice

Royal Newfoundland Constabulary officerJoe Smyth, the focus of a judicial inquiry into why he fatally shot injured worker Don Dunphy, has been charged with obstructing justice over how he allegedly handled an unrelated traffic stop last year.

Smyth, a constable, has been suspended without pay until further notice, according to Chief JoeBoland.

The charge was announced Wednesday, following aninvestigation by the Alberta Serious Incident Response Team (ASIRT).

Smyth, who was cleared of wrongdoing in Dunphy's2015 shooting death,was being investigated for his actions after a traffic stop on May 12, 2017.

According to anASIRTstatement, the stop resulted in a person being ticketed "for an offence that did not occur.The violation ticket and other related tickets were ultimately withdrawn by the Crown."

Smythis scheduled to appear in provincial court in St. John's on Aug. 23.

'He fully intends to fight'

Jerome Kennedy, Smyth's lawyer, said his client is "obviously disappointed," adding that he intends to fight the charge.

"We'd be ready to go trial on this tomorrow that's how firmly Ibelieve that the evidence thatASIRT has uncovered does not, or will not, support the charge that's been laid," Kennedy told CBC News Wednesday.

Kennedy believes there are other factorsfor why Smyth has been charged.

"The residual effect of the inquiry [into the deathof Don Dunphy] and Ibelieve that the fact of who he is certainly plays into what's going on here," he said.

"One of the problems with any investigation or when a charge is laid, the presumption of innocence goes out the door."

Kennedy added that while the charge of obstructing justice is a serious one, "the circumstances leading to the charge involve the issuance of a traffic ticket."

"We are confident at the end of the day he will exonerated," he said.

Misconduct 'not acceptable,' chief says

Moments after ASIRTannounced the charge, Bolandissued his own statement.

"I want to assure the public that misconduct by any RNC police officer is not acceptable and will not be tolerated within this police service," said Boland.

"I will continue to hold any officer who does not represent our values accountable for their actions."

Traffic stop timeline

InOctober 2017, the RNCwas contacted by the Crown attorneys' officein St. John's regarding an issue with atraffic safety stop that involvedSmyth, according to Boland.

No public or criminal complainthad been made at the time, but "based on the evidence that was provided to the RNC as well as the circumstances and seriousness of the allegations against the officer," Bolandasked the Justice Department to get an outside agency to investigate the incident.

It was referred toASIRTin November, andSmythwas placed on administrative duty at that time. That same month, the RNCalso received a public complaint against Smyth from the person involved in the traffic stop.

No specific details on the traffic stop incident were immediately available.

Dunphy shooting

A judicial inquiry into Dunphy's death concluded that Smythused appropriate force.

Inquiry commissioner Leo Barry concludedSmyth"demonstrated certain errors of judgment and noncompliance with aspects of his training but responded with appropriate force when Mr. Dunphy with no warning threatened him with a rifle."

Smyth, a member of then-premier Paul Davis's security detail,shot and killed Dunphy, 58, an injured worker who had lived in Mitchells Brook, St. Mary's Bay, on April 5, 2015.

He said he went to Dunphy's home after Dunphy posted a series of tweets, with at least one in particular catching the attention of government officials:

"@SandyRCollins@PremierOfNL@ShermanDowney won't mention names this time. 2 prick dead MHAs might have good family members I may hurt #nlpoli"

Smyth, 38,testified at the inquiry that he fired at Dunphy four times in self-defence after Dunphy pointed a rifle at him.

Smythtold the inquiry thatDunphyallowed him to come inside his home butbecame agitated during their conversation.

He said Dunphy accused him of being "a f--king puppet" and that "government is the reason I'm living this way."

The shooting on an Easter Sunday raised questions about why Smyth had gone to Dunphy's house alone and whether he should have gone inside.