Meghan Dunphy tells inquiry she believes police officer manipulated evidence after killing her father - Action News
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Meghan Dunphy tells inquiry she believes police officer manipulated evidence after killing her father

Don Dunphy's daughter tells the opening of a judicial inquiry in St. John's that her father was a good-hearted man who smoked marijuana regularly to cope with pain, and she quickly lost confidence in the police investigation into his April 2015 shooting death.

Photos shown of Dunphy's home, including of the rifle he allegedly pointed at Newfoundland officer

Meghan Dunphy was the first person to take the stand Monday at the St. John's inquiry into the police shooting death of her father, Don Dunphy. (Paul Daly/The Canadian Press)

Don Dunphy's daughter told a judicial inquiryMondaythat she doesn't believe the police officer who fatally shot her father is telling the truth about what happened on Easter Sunday, 2015.

Meghan Dunphy is suggesting her father reached for a stick that he oftencarried for protection, and that Const. Joe Smyth,of the Royal Newfoundland Constabulary (RNC),mistook it for a gun and then shot him.

"That's what I don't understand. There's no reason for my father to take a gun. He would have picked up his stick not a gun," said Meghan.

A photo of the stick Don Dunphy carried with him for protection. He feared someone might want to steal his medical marijuana. (Dunphy Inquiry evidence)

Judge Leo Barry asked Meghan ifshe believes Smyth manipulated evidence after the shooting. She responded "Yes," and suggested Smyth may have placed the gun beside her father to cover up that he shot a man for reaching for a stick.

Following a break, Meagan's lawyer Erin Breen asked her, "Would your father cooperate with a police officer if he was asked to produce firearms?" Meghan answered, "Yes."

MeghanDunphy emotional during inquiry

MeghanDunphywasthe first witness at theSt. John's inquiry into how RNCofficer JoeSmythshot her fatherat his home in MitchellsBrook, N.L. She broke down in tears soon after she took the stand.

Meghan saidher father was a good-hearted man who smoked marijuana regularly to cope with pain, and that she quickly lost confidence in the police investigation into his April 2015 shooting death in a Newfoundland and Labrador town.

"He cared for me from the time my mother died. He was kind," she said through tears. "Sorry, I didn't expect this to happen so soon."

Dunphy, one of 57 witnesses scheduled to testify, was with her father for a meal earlier on the day of the shooting.

After he went home, she said, she first learned police were at herfather's house when a friend sent her a text. She saidshe and her partnerstarted to drive to her father's home and then she got another text that said someone was shot.

"Ipanicked a little," she said.

During her testimony, Dunphy was emphaticthat when she arrived at her father's home after the shooting, she was told by RCMPofficer Trevor O'Keefe"that it was about social media threats to the premier."

She saidher husband also heard that.

Meghan Dunphy, with others at the inquiry into her father's shooting death, is one of 57 witnesses scheduled to testify. (Mark Quinn/CBC)

Dunphy, 28, saidshe began to have doubts about the RCMP'sinvestigation after she found her father's broken glasses in his home. The RCMP was called in to investigate the shooting, as it involved an officer on another force.

She testified shegave the glasses to the RCMP but said they dismissed her.

"I didn't think it was being investigated objectively. I felt the RCMP had already made their mind up," she said.

Unable to see father's body

Dunphysaidshe asked to see her father but never did before his body was cremated.

When she finally learned what had happened, she said, she was shocked.

"No one had warned me what he looked like how many times he'd been shot," she said in between sobs.

Meghan Dunphy at Don Dunphy inquiry

8 years ago
Duration 1:23
Meghan Dunphy at Don Dunphy inquiry

Dunphyfound out from the funeral director that her father had beenshot in the headand said she felt she "wasn't treated fairly."

She hired St. John's lawyer Erin Breen to represent the Dunphy familyshortly thereafter.

During cross-examination at the inquiry, Breenasked Dunphy whetherRCMP told her to contact the office of the medical examiner.

Dunphysaidno.

It was Breen not police who arranged for Dunphy to meet with provincial coronerSimon Avis about her father's body.

'Very vocal about his opinions'

When she first took the stand on Monday, Dunphydescribed her father as a caring man who struggled to make ends meet and who was "very vocal about his opinions."

She said there is no doubt he could be "confrontational" and that he sometimes asked her to leave his home when they argued.

"He could go from calm to talking loud and very enthusiastic, waving his arms," said Dunphy.

Shesaidher father would call her right after they fought and say,"Let's get together tomorrow." Shesaidher father would oftenexpress his opinion no matter who was speaking with him.

Dunphysaidshe knew the rifle her father is alleged to have pointed at Smyth was in his house, but didn't know if it worked or if it was loaded.

It's alleged Don Dunphy pointed his rifle at RNC officer Joe Smyth. (Mark Quinn/ CBC)

Meghan described how her father was "crushed" by a truck while he was working as a truck driver. He went back to workbut couldn't continue because of his injuries. He was prescribed medical marijuana.

Smoked marijuana 'a lot'

"He smoked it a lot," she said."I asked him not to smoke it when I was there and he agreed to do that."

Meghan said her father grew marijuana in his home and because of that, heworried about his security and kept a stick with him as protection"if anyone tries to steal his weed."

Dunphysaid she doesn't believe her father was mentally ill. She said she was "conflicted" about saying that because she can see how people looking at his home might think he wasn't well. Pain kept him from keeping up with cleaning his home but he was planning to do repairs before he died, Dunphy said.

Judge Leo Barry is presiding over the inquiry, which is being held at the former School for the Deaf in St. John'sand could last next several months.

Barry said Monday he hopes to have the hearings completed by March 7.

Judge Leo Barry is presiding over the inquiry. (CBC)

Dunphy, 59, was fatally shot bySmyth, who at the time was involved with handlingthe security of then Premier Paul Davis.

Posts on Twitter triggered police visit

Smyth went to Dunphy's home in Mitchells Brook about 100 kilometres southwest of St. John's on an Easter Sunday to investigate after a member of the premier's staff flagged Dunphy'ssocial media posts on Twitter as potentially threatening.

According to police reports, Smyth says he fired at Dunphy four times after Dunphy pointed a rifle at him.

Three of those bullets hitDunphy one in thechest and two struck hishead.

Months after the shooting, Smyth sent an emailto his colleagues about the incident. It was leaked to the media.

That email was discussed at the inquiry. Meghantook issue with this part of it:

"Although I cannot regret my actions last Sunday, I unequivocally wish I could have visited Mr.Dunphyat a point in his life where another level of intervention may have been possible," Smythwrote.

Meghan Dunphy said it was unacceptable that Smyth said he "cannot regret his actions" when he was talking about killing another person.

At the first day of the inquiry hearings,Smyth'slawyer, Jerome Kennedy, saidhe hadno questions forDunphy.

The RCMP investigated the shooting. Its members determined there was no reason to lay charges against Smyth.

The inquiry at the former School for the Deaf in St. John's is expected to last months. (CBC/Mark Quinn)

Live blog

Follow CBC Newfoundland and Labrador'slive blog for updates on the Dunphy inquiry.