Joe Smyth says communications breakdown left him without 2nd officer on Dunphy visit

The police officer who shot and killed Don Dunphy in his Mitchells Brook home on Easter Sunday 2015 says he would have taken backupif he had a crucial piece of information about Dunphy.

On April 5, 2015, Const. Joe Smyth called the RNC Communications Centre whlehe was driving to Mitchells Brook. He asked for background information on Dunphy. Hereceived his driver's licence and registration information and learned that he didn't have a registered firearm.

But Smythtold a public inquiry into the shooting on Tuesday that he wasn't aware of a RCMPfile flagging Dunphy for "violence, drugs."

Those flagsrelated to charges of marijuana possession and uttering threats, charges that were dropped. Dunphy did not have a criminalrecord.

Smyth said if he had known that, he would have taken another officer with him.

While Smyth believed that information would have been given to him as part of a background check, RNC communications officer Mark Oramsaid it was something Smyth would have had to ask for specifically.

Smyth went Alone

Smythwent alone to Dunphy's home in plain clothes because he believed that would improve his chance of building a rapport with Dunphy.

Responding to questions from Commission co-counsel Sandra Chaytor, Smyth explained why he declined an offer from an RCMP officer to join him on his visit to Mitchells Brook.

Smyth said he believed auniformed officer might have made Dunphyuncomfortable.

"It's a symbol of authority. He might have thought we were there to arrest him," said Smyth.

"I felt a uniformed officer would make it harder to build rapport with Mr. Dunphy."

Smyth said he didn't believe going to Michells Brookwould put him at physical risk.

Inside Dunphy home

Smyth told the inquiry that Dunphyallowed him to come inside his home butbecame agitated during their conversation.

He said 'You're a f--king puppet and government is the reason I'm living this way,' Smyth said.

The RNC officer said he noted the stick that Dunphy kept other witnesses have said he had itto guard his homegrown medical marijuana and told Dunphy it was fine as long as it stayed where it was, on his left side.

Smyth said he did not ask Dunphy if he had a gun. He described the house as smelling of cat feces and vomit, and was reluctant to sit down, so he stood by the mantel while Dunphy sat in his chair.

When the inquiry resumes Wednesday, Smyth is expected to be questioned about the moments leading up to the shooting inside the Dunphy home, and why he fired several shots, killing Dunphy.

Smyth had gone to St. Mary's Bayafter Dunphyposted tweets critical of then-premier Paul Davis and other provincial politicians. DonnaIvey, a communicationsofficial in Davis's office, forwarded one of those tweets toSmyth.

Did you interpret the tweet as a threat? askedChaytor on Tuesday.

Smythreplied "no."

He saidhe understood thatDunphywas tweeting about not hurting the feelings of family members but wanted to ask about Dunphy's intentions.

WorkplaceNL's executive director, Tom Mahoney, saidin his statement to police thatSmyth told him "He (Smyth) was investigating a threat that was made."

Smythsaid that may have been a misunderstanding.

RCMPConst. AdrianCox also recorded in his notes thatSmythwas investigating threats thatDunphymade against the premier.

Smythsaid he believes Cox misinterpreted what he said when he phoned Cox.

Chaytor asked, "Would you have done things differently if you believed there was a threat?"

"Yes, I would have taken another uniformed officer," replied Smyth."If I felt itwas a threat, I would have ensured the premier and his family were briefed about it."

• Dunphy inquiry hears evidence on questionable actions early in Joe Smyth's career

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

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