‘It’s absolute torture’
Donald Dunphy’s family pleased a public inquiry into his death will finally begin
First and foremost, Donald Dunphy’s daughter wants answers. After that, she’s looking for a new protocol when it comes to police officer-involved shootings.
This is what Meghan Dunphy’s lawyer, Erin Breen, told members of the media Friday afternoon, after Justice Minister Andrew Parsons announced the start of a public inquiry into Donald Dunphy’s death.
“I think it’s obvious to everyone that there has to be a new protocol in this province for officer-involved shootings and what happens when this occurs, because what happened here is just not acceptable,” Breen said.
The wait for answers about exactly what happened has been unbearable, she added.
“I think everyone here can put themselves in (Meghan’s) shoes. When you don’t have information and this is your family member — it’s her father — and you’re hearing information bit by bit, it’s absolute torture.”
Royal Newfoundland Constabulary officer Joe Smyth, who was serving as a member of then-premier Paul Davis’s security detail, fatally shot Dunphy, 59, at Dunphy’s Mitchell’s Brook home on Easter Sunday last year.
Justice Leo Barry of the Newfoundland and Labrador Court of Appeal will serve as commissioner for the inquiry, which Parsons said will begin immediately.
Barry will deliver a final report before July 1, 2017 (though the date can potentially be extended if required). The inquiry, for which the government has budgeted between $1.5 million and $2 million, will be held at the former School for the Deaf on Topsail Road in St. John’s.
“I am confident he will ensure a full and complete inquiry into the facts and circumstances of this tragic incident,” Parsons said.
Parsons also released the terms of reference for the inquiry, which include:
• The circumstances surrounding Dunphy’s death;
• The reason why an RNC officer visited Dunphy that day and what information was provided as a reason for the visit;
• Why an RNC officer would make the visit when Dunphy’s home was in the RCMP’s jurisdiction;
• The facts surrounding RNC and RCMP operations on that day, before and after Dunphy was killed;
• Whether use of force protocols were correctly followed, as well as other relevant policies and protocols when it comes to the premier’s security and social media monitoring;
• Whether Dunphy’s use of social media had a role in the circumstances of his death; and
• Whether there were any deficiencies in the investigation into Dunphy’s death.
Barry will have the authority to summon a person to appear at a hearing or produce a document, but will not give a conclusion or recommendation on criminal charges of anyone involved.
“If there are facts revealed in the course of an inquiry, then obviously these facts would be made known to government and the powers that be in terms of making decisions and it would be up to them in terms of what the law says about acting on information received,” Barry said.
Last week, the RCMP announced Smyth would not be charged in connection with Dunphy’s death, following reviews of the incident by the Alberta Serious Incident Response Team (ASIRT) and the Saskatoon Police Service, which found no wrongdoing on the police officer’s part.
The RCMP has said it will not release those reports ahead of the inquiry, despite a call from the RNC Association and former premier Davis, now Progressive Conservative leader, to do so.
Barry said he expects the reports will be released through the inquiry process.
Parsons said it has become “abundantly clear” to him over the past few months that the province would be well served by its own serious incident and response team.
“In the meantime, I am confident that this inquiry will produce answers,” he said.
“Right now we don’t know what happened or why it happened. All we know is that there is an individual who is dead. … (The inquiry) will come up with the facts and then it will come up with recommendations for how to prevent these things from ever happening again.”
Meghan Dunphy and Davis have already applied to have their legal fees covered for the inquiry, Parsons said. Both are expected to testify during the inquiry.
Parsons said the province’s Office of the Citizens’ Representative has been directed to investigate Donald Dunphy’s long history with WorkplaceNL and the treatment of his case.