ASIRT investigating complaint against RNC member
The Alberta Serious Incident Response Team (ASIRT) is investigating allegations of police misconduct against a member of the Royal Newfoundland Constabulary.
While the ASIRT would not release the name of the complainant or subject officer during its investigation, media reports say the officer is Const. Joe Smyth.
Smyth is well known as the RNC officer who shot and killed Donald Dunphy on Easter Sunday 2015. Smyth, a member of the premier’s protective detail at the time, had visited Dunphy’s home in Mitchell’s Brook to discuss tweets Dunphy had sent out that mentioned government members.
The conversation between Smyth and Dunphy became heated and, Smyth has said, Dunphy pointed a gun at him.
ASIRT had reviewed the RCMP investigation into the Dunphy shooting. The RCMP investigation in that case found that available evidence at the scene supported Smyth’s version of events and that appropriate force was used and no charges were warranted. ASIRT noted what it described as some minor shortcomings in the RCMP investigation, but none that seriously undermined the investigation and it ultimately supported the RCMP’S conclusion.
Dunphy’s death was the subject of an inquiry, which lasted several months and concluded earlier this year.
The recent ASIRT investigation arose as a result of an allegation of contact between the RNC officer and a member of the public during an incident in May of this year.
ASIRT will complete its report and forward it to the Crown in Newfoundland.
Susan Hughson, executive director of ASIRT, said the Newfoundland government requested ASIRT’S help and discussions were held between Nov. 15 and Nov. 17 to outline the process.
“ASIRT already deployed an investigative team to Newfoundland and collected all the material evidence and spoke to all the critical witnesses, and have since returned to Alberta,” Hughson said.
“I would caution everybody to understand that simply because we are investigating an allegation that could constitute criminal conduct, that doesn’t mean it necessarily will. Obviously, we go where the evidence leads us. We examine every incident from a neutral position.”
RNC Chief of Police Joe Bollard stated that when he was made aware of the alleged May incident he notified the Department Justice and Public Safety and requested that an outside agency conduct an investigation into the complaint.
The Department of Justice and Public Safety subsequently requested the assistance of ASIRT.
“As this is now an active investigation by ASIRT and not by the RNC, I am not able to provide any details on the nature of the complaint or identity of those involved,” Boland said in a statement to media.
“The officer in question has been temporarily placed on administrative duty pending the outcome of the ASIRT investigation. I take any allegation of misconduct involving one of my officers very seriously, and have committed the full co-operation of the RNC to ASIRT.”
Justice and Safety Minister Andrew Parsons said the incident shows once again there is a need for a provincial or regional serious incident response team, and that legislation is currently working its way through the House of Assembly.
Parsons would not confirm or deny the identity of the officer involved.
“Right now it’s an investigation. I don’t know enough about it to comment on it,” Parsons said. “What I will say is whenever something like this comes up involving our police forces it has to be taken seriously and the fact that it’s being referred shows that the RNC, or whether it was the RCMP, that they take these things seriously and have an independent investigation done.”