'Dead men tell no tales': Former justice left with questions in Don Dunphy shooting

A retired judge who oversaw the policeinvestigation into Don Dunphy's death says he is stillleft with manyquestions aboutthe fatal shooting.

David Riche, a retired Newfoundland and Labrador Supreme Court Justice, was hired to provide oversight to the RCMP investigation.

But he says his role was limited, and he questionswhy the confrontation between Dunphy and Royal Newfoundland ConstabularyConst. Joe Smytheverhappened.

"I find it hard to understand how this happened,"he told CBC News."Then I say to myself, 'Well maybe it shouldn't have happened at all.'"

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Dunphy, 59, was shot and killed at his home in Mitchell's Brook by Smyth on April 5, 2015. At the time, Smyth wasassigned to then-premier Paul Davis'security detail.

Riche said he was hired that same week as an "independent observer" of the RCMP investigation into the incident.

But according to Riche,he wasn't allowed to question many witnesses or speak to Smyth. He said hefound the RCMP did not always accept his suggestions, and felt investigators "leaned towards accepting Smyth's account."

"They basically accepted [Smyth's] statement, and that was basically the end of the matter," Riche said.

"Well, dead men tell no talesandpolice didn't want me to do any investigation."

'Intention to kill'

Riche saidSmyth shot four bullets atDunphy. The last, he said, was fired in close proximity within three or four feet with one shot going "right straight through his head."

"It showed to me that therewas an intention to kill, it wasn't an intention to stop."

Police initially saidDunphywas shot after pointing a firearm atSmyth.But Riche explained he felt therewas an "issue" surrounding where Dunphy got a gun as some family members saidthe man didn'thave one in his home.

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Riche said he wasn't convinced the gun'splacement on the floor during a crimescene re-creation was consistent with someone who was shot in that manner.

While Smyth said he fired after beingthreatened, Riche believes Dunphy's gun was not ready to fireat the time.

I find it hard to understand how this happened.-David Riche

"There's a side lever on these guns. You pull them backand that's where you put the shell in, and then you close it. I think that in this particular case, it was probably open," said Riche.

"I'm not sure if it was loaded or not, but I don't think it could have been fired as it was, unless you did something [to it]."

'Two angry men'

Riche characterized the incident as a confrontation between "two angry men."

While Dunphywas considered to be outspoken, Riche said there was an incidentin the past where Smyth "got into difficulties."

"He wasn't, what you might call, the type of person who'd be a quiet person,who would be afraid of dealing with an issue," he said."He could be aggressive, that was my impression."

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Riche said both men had tempers.

Smyth did not respond to questions from CBC News, but in a statement last week said the pending public inquiry is stopping him from answering all"necessary and valid questions."

'A lot of contradictions'

Riche said he poredover the investigation for more than eight months, and wrote a 23-page report that he handed over to theRCMP.

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And while hesaid he can't disclose exactly whatit contains, he does havecomments and criticisms for police.

"There's a lot of contradictions. Like in the front ofDunphy'shouse, there were signs, 'No government people, nobody allowed in,' and that kind of stuff. And yetSmythsays he came to to the door, and wasinvited in.

"When I talked toDunphy'sdaughter, she was of the view that he said he wouldn't have allowed him in, and would have tried to get rid of him."

Riche said he was also bothered by the factthatSmythdecided to go toDunphy'shome alone.

"Because theRCMPguy inHolyrood, right alongside where he was going down [toMitchell'sBrook], had offered to go with him."

Pushing for an inquiry

Despite his criticisms,Riche said he believes the overall investigation was handled fairly by theRCMP.

"I thought they did a very thorough investigation, and what conclusions they came to are their conclusions."

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Richesaid it may never be known exactlywhat happened inside Dunphy's home, but hopes his report will be released and there will be aninquiry into the matter onewhere people can be further questioned about the incident.

"[Then] you'll get a better handle on what likely happened."

In a statement sent Tuesday, the province's Department of Justice said significant progress is being made towards starting theinquiry process.