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

Const. Joe Smyth, the police officer who killed Don Dunphy in April 2015, testified Monday that he filed three use-of-force reports during a six-month period in 2007 when he was with a police patrol unit in St. John's.

Smythbegan testimony Monday at a judicial inquiry in St. John's that is hearing evidence about how Smyth, a Royal Newfoundland Constabulary officer, shot Dunphy to death in his Mitchells Brook home while investigating a post Dunphy had made to Twitter.

Smyth said hehas drawn his gun about six times duringhis career with the RNC.

In two incidents in 2007, Smyth drew his gun, including an incident when he responded to a mental health call. He said a man pointed a shotgun at him, but lowered the weapon when Smythkneeled and drew his gun. On the other occasion, he said, he responded to an armed robbery where a man was using asyringe as a weapon.

In the third 2007use-of-force incident, while responding to a call, Smythreportedly hit a man who wasnot responding.

Commissioncounsel Sandra Chaytorsaid Smythcontinued to hit the manuntil it was learned the man was hearing impaired.

Smyth, who began his police career in 2000, said pulling a weapon about six times during that period is notan unusually high number of times for an officer in the positions he has held.

Smytharrested in 2005 on vacation

Meanwhile, the inquiry was told that Smyth was disciplined by the RNC in 2005 for behaviour unbecoming a police officer.

Smythwas convicted of damaging property while on vacation in the British Virgin Islands.

In Smyth'swords, he was "very intoxicated" when it happened. Smyth said hethrew a flower pot and wood at an empty school bus after he was robbed at knife point by two men but he disagreed with a report that said he damaged four cars.

After Chaytorpressed him on the details of the incident, Smyth said too much attention was given to discipline when he has "a myriad" of commendations that should get similar attention.

Aside for commendations for his work on specific investigations, Smyth also received a life-saving award for helping a person who was choking.

Shooting nightmares, stress leave

On Monday, Smyth didn't describe what happened in Dunphy's home that Easter Sunday, but he was asked by commission counsel, Sandra Chaytor, how hiscareer changed after the shooting.

In the days following Dunphy's death, Smyth moved to the RNC criminal investigation unit. Then weeks later,he was assigned to carry out administrative duties. He stayed in that position until November 2015.

"I took time off work. At that point I had been at work for a number of months and I hadn't really, from my perspective, done anything meaningful and [it] was also at that stage the subject of a lot of vitriol social mediacommentary that was becoming increasingly challenging to be exposed to," said Smyth.

Joe hasbeen having dreams of getting shot himself.- Lisa Smyth

Chaytor asked was that what's sometimes referred to as a stress leave or mental health leave.

"I think that would be safe to say, yes," he responded.

Smyth'sspouse, Lisa, attended the inquiry Monday.

Interviewed bythe RCMPafter the shooting, shetold them that 'Joe hasbeen having dreams of getting shot himself, of the situation going differentlyand that he told her he could feel getting shot.'

Smyth testimony delayed

Smyth's testimony began Mondayafter delays related to weather and a newly-revealed request to test evidence by lawyers representing Dunphy's daughter.

Proceedings were also delayed by an overnight snowstorm that dumped more than 20 cm of snow on St. John's streets.

But beforeSmythcould be called to testify, Justice Leo Barry noted that Meghan Dunphy's lawyers want to call an expert in biomechanicsas a witness at the inquiry.

Dunphy's lawyers want the expert to test the idea that Don Dunphy, who had chronic injuries due to a workplace accident in 1984, was able to lift a rifle from the side of a chair he was sitting in. Smyth told RCMP he shot Dunphy after seeing him point a rifle at him.

Jerome Kennedy, who represents Smyth,said he fears the inquiry is "going down a blind alley" and risks becoming an adversarial trial not an inquiry into what happened.

Kennedy said he will want to bring in an expert to counter the biomechanics expert if Barry agrees to allow the expert.

Lawyer Nick Avis, representing the RNC, was skeptical of the request.

"That argumentjust cost the province $10,000," he told reporters, referring to the billings of the various lawyers working at the inquiry.

What Smyth told police

Smythtravelled to Dunphy's home in Mitchells Brook on Easter Sunday in 2015to speak with Dunphy about his social media posts on Twitter.

Dunphyposted tweets critical of then-premier Paul Davis and other provincial politicians. Donna Ivey, a communicationsofficial in Davis's office, forwarded one of those tweets to Smyth.

A report by the RCMPreported thatSmythsaidhe spoke with Dunphy in his living room but Smyth saidtheir conversation became tense with Dunphy calling Smyth"a government puppet."

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

Smythtold police he shot atDunphyafterDunphyraised a rifle from the right side of the chair he was sitting in.

TheRCMPconcluded no charges were warranted againstSmyth.

Dunphy'sdaugthertestified

Don Dunphy's daughter told a judicial inquiry a week agothat she doesn't believe the police officer who fatally shot her father is telling the truth about what happened at her father's home.

• Meghan Dunphy tells inquiry she believes police officer manipulated evidence after killing her father

Meghan Dunphy is suggesting her father reached for a stick that he oftencarried for protection, and that Smyth mistook it for a gun and then shot him.

Follow the testimony in ourlive blog.