‘He’s not on file there’
Employee at police communications centre testifies about information given to Smyth
A civilian member of the Royal Newfoundland Constabulary — a communications technician who has been in the position since 2009 — was put through the grinder Thursday at the Commission of Inquiry Respecting the Death of Donald Dunphy.
Mark Oram was on shift in the police communications centre when RNC Const. Joe Smyth called in to request a search of records while he was on the way to Dunphy’s Mitchell’s Brook home in April 2015.
The visit resulted in a fatal confrontation with Dunphy, during which Smyth shot and killed him.
An RCMP investigation determined no charges were warranted against the RNC officer.
The continuing inquiry is meant to provide the public with both the circumstances of the incident and related recommendations.
Smyth has already testified he was not provided with all of the information available relating to Dunphy before visiting Dunphy’s home. He wasn’t told about a record of a past conviction for marijuana possession (Dunphy held a medical marijuana licence by the time of his death) and other, dropped, charges.
Dunphy had also been flagged for “violence, drugs” within Rcmp-administrated Canadian Police Information Centre records.
Oram said Smyth didn’t make a request that would capture and elicit that information, under existing practices.
“He’s not on file there,” Oram told Smyth after a more limited search, one including a look at results from the Canadian Firearms Registry Online and a “1029”— a term from the RNC’S own code, referring to a records search on the name.
“There is no definition, no clear definition of what specifically is to be relayed,” Oram said of the “1029” code, when pressed on why he did not collect information from all available areas.
The majority of questions to Oram were issued by RNC lawyer Wendy Zdebiak, who challenged his understanding and execution of his duties.
During her questioning, Commissioner Leo Barry asked Zdebiak to keep the end goals of the inquiry in mind.
“If there’s anything going on in terms of potential discipline or anything related to Mr. Oram, this is not the place for it,” Barry said, noting he was not suggesting any action is, or is not, being contemplated.
Oram testified the “1029” search is routine, and is performed every day. Since the shooting, a notice has gone out to staff, making clear the information to be collected and passed along whenever there is a “1029” request, he said.
Before the questioning wrapped, lawyer Jerome Kennedy, representing Smyth, said Smyth did not get all of the information available, but also suggested there is not a claim that information in and of itself would have absolutely altered events inside Dunphy’s home.