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Alberta team investigating complaint against RNC officer who fatally shot Don Dunphy

The Royal Newfoundland Constabulary has confirmed that one of its members is again being investigated by the Alberta Serious Incident Response Team.

ASIRT investigating contact between Smyth and member of the public in May

A man wearing glasses is wearing a black suit and red tie. He is sitting in front of black curtains. A thin black microphone is in front of him.
Const. Joe Smyth testifies at the Don Dunphy inquiry in March. (CBC)

The Royal Newfoundland Constabulary has confirmed that one of its members is being investigated by the Alberta Serious Incident Response Team (ASIRT).

CBC News has confirmedthat Const. Joe Smyth is the officer the teamis investigating.

ASIRT a group that that independently investigates serious incidents that arise from the actions of police in Alberta said it's conducting a criminalinvestigation of a professional misconductallegation.

An ASIRTofficial said specifically, the team is looking into contact between an RNCofficer and a member of the public in May 2017.

The team has visited the provinceand since returned to Alberta, where it willprepare a report on the investigation. The investigators have not determined if criminal charges are warranted, andASIRTdoesn't determine the work status of officers it investigates.

RNC Const. Joe Smyth, right, is under investigation by the Alberta Serious Incident Response Team. Police determined no charges were warranted after Smyth fatally shot Don Dunphy, left, in 2015.

Smythis the police officer who fatally shot Donald Dunphyin his Mitchells Brook home in April 2015.

In 2015, theRCMPwere called into investigateDunphy'sshooting and determined no charges were warranted againstSmyth,who maintained he fired his gun in self-defence afterDunphypointed a rifle at him.

Placed on administrative duty

In a statement issued late Monday afternoon, RNCChief Joe Bolandsaid "the officer in questionhas been temporarily placed on administrative duty pending the outcome of theASIRTinvestigation."

Bolanddid not provide details on the nature of the complaint that is being investigated.

A photo of a piece of paper that says ASIRT.
The Alberta Serious Response Team investigates serious incidents involving police officers in Alberta as well as in Newfoundland and Labrador, since the province doesn't yet have its own agency. (ASIRT)

"Inotified the Department Justice and Public Safety and requested that an outside agency conduct the investigation into the complaint. The Department of Justice and Public Safety subsequently requested the assistance of the Alberta Serious Incident Response Team (ASIRT)," he said.

'Has to be taken seriously'

Justice Minister Andrew Parsons weighed in on the issue Monday.

"Whenever something like this comes up involving our police forces, it has to be taken seriously. And the fact that it is referred shows that it isbeing taken seriously and having an independent investigation done," said Parsons.

Newfoundland and Labradordoesn't have an independent investigative body, but the province iscurrently preparing to launch its ownsimilar agency.

With files from Mark Quinn