'Smyth shouldn't have been there:' Judge David Riche steamrolls Dunphy inquiry

A retired justicehired by the RCMP to observe itsinvestigation of the Don Dunphyshooting death was combative and colourful while testifying Wednesdayat the Barryinquiry.

When asked to swear an oath to tell the truth, David Riche said,"I'mhere to tell the truth but I'm not sure if everyone who was here did the same."

Dunphy, 58, was fatally shot in hisMitchellsBrook home in April 2015 by RNC officer JoeSmyth, who was working at the time on the security detail of then-premier Paul Davis.

Retired justice David Riche says he wasn't allowed to investigate Don Dunphy's shooting

8 years ago

Duration 1:35

David Riche told the Don Dunphy inquiry that errors were made by police following the Mitchells Brook man's death.

Smythsaidhe fatally shot Dunphy in self-defence after Dunphy pointed a rifle at him.

What was I expected to do? Hang on the wall like a picture?- David Riche

At the start of his testimony, Riche asked to make a comment but was told by Commissioner Leo Barry that he would have to answer questions from lawyers first.

When asked by commission counsel Kate O'Brien about the role he was hired by the RCMP to carry out he responded,"If I had known what was involved in this thing, I wouldn't have touched it with a 10-foot pole."

Didn't mince words

Several RCMP officers have testified that they believe Riche acted outside the terms of reference he was given as a independent observer.

"I was reprimanded for investigating. What was I expected to do? Hang on the wall like a picture? " said Riche, who didn't always respond directly to the questions Wednesday, instead raising his own points.

Riche, who retired in 1999, is contradicting the report he gave to the RCMP. He now says he believes Dunphy never held the rifle while Smyth was in his home.

"That rifle never moved from that couch.Dunphy went for his stick and then went after Smyth and he shot Dunphy," said Riche Wednesday morning.

"I probably shouldn't say this but a stick can be a weapon too."

Dunphy's daughter, Meghan Dunphy, has testified that her father kept a stick in his home to fend off people he believed might steal the marijuana he used to control pain after a workplace injury.

Home visit not necessary

Riche also believes Dunphy's body was moved.

"There is no evidence of that," said Barry.

"All we have is Smyth's statements,"Riche responded.

Riche saidhe concluded that Smyth never should have gone to Dunphy's home in St. Mary's Bay to investigate social media posts about politicians.

"This tweet thing. Why didn't the police officer just put the cuffs on Dunphyand bring him in to a judge? Theysaid that couldn't be done it would be a false arrest.So I concluded Smyth shouldn't have been there at all," said Riche.

• 'Columbo' comment shows tension between judge and police after Dunphy shooting

NoColumbo

RCMPofficers have testified they brought Riche in as an observer, but didn't want himto investigate or act as "Columbo."

TheRCMPwasn't pursuing this as diligently as I thought they would have.- David Riche

Riche said he thought theRCMPinvestigation was biased.

"I wanted to get to the bottom of this but they didn't want me to.TheRCMPwasn't pursuing this as diligently as I thought they would have" says Riche.

"They called meColumbo. That means I was getting evidence that they hadn't gotten."

MeghanDunphy'slawyer, BobSimmonds,chose not to ask Riche questions

Smyth'slawyer, Jerome Kennedy,asked Riche if he breached the confidentiality agreement he had with theRCMPby speaking with the media last September.

Riche responded "yes and no" and explained that he had been under the impression that the reports had been released when he was interviewed.

Reporters recorded Riche at the time saying he couldn't speak because the reports hadn't been released.

• 'I'm going to apologize at Don Dunphy shooting death inquiry,' says retired judge David Riche

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

Barry asked Kennedy if his line of questioning was important to the work of the inquiry.

Kennedy responded that it speaks to Riche's credibility.

Dementia accusation

"A question for Mr. Kennedy,are youunderstandingmealrightMr. Kennedy?" Riche asked when testimony resumed after lunch.

Somebody has written a letter saying I'm suffering from dementia.- David Riche

"Yes I am," replied Kennedy.

"Because somebody, maybe your client, has written a letter saying I'm suffering from dementia and it was having to do with this inquiry," said Riche.

Barry interjected saying, "Judge, I think we better leave that for outside."

Riche replied, lookingat Smyth: "Oh I'm working on that. I have counselwho are going to see to that and his employer."

"I'm not sure the witness should be making threats like that here in the inquiry, commissioner," Kennedy objected.

"Oh, that's not a threat," Riche said, prompting Kennedy to retort,"You are also going to hear from counsel yourself."

Barry quickly ended the exchange, saying the issue should be left for "another time, another place, if ever."

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