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Dunphy shooting leaked

The Newfoundland police officer who says Don Dunphy aimed a rifle at him before he shot him three times saw no conflict in sending an email explaining his actions to the lead RCMP investigator.

Const. Joe Smyth of the Royal Newfoundland Constabulary told an inquiry into the killing that he saw no problem including the investigator on an email sent to about 400 RNC and RCMP officers.

"I didn't see it as being a conflict" or having an impact on the probe, Smyth told the inquiry Monday.

He said the email, which was leaked to media on the day of Dunphy's funeral, was to urge co-workers to reach out to troubled individuals.

He stressed that although he sent the email -- signed "Joey" -- to so many people he never meant for it to be shared beyond the police community.

"I was almost sick to my stomach," Smyth said of the realization it had been leaked to media on the day of Dunphy's funeral April 10, 2015 held five days after he was killed.

"This is such bad timing" he recalled thinking, and said he thought of the family.

Smyth said it hadn't occurred to him the email might be leaked.

The note says Smyth couldn't regret his actions, but he told the inquiry he does regret it was "too late" to intervene with Dunphy in a different way.

Smyth says he opened fire in self-defence on 59-year-old Dunphy on Easter Sunday 2015.

Smyth had gone alone and unannounced to Dunphy's house in Mitchell's Brook on St. Mary's Bay after staff in then-premier Paul Davis's office flagged comments on Twitter.

Smyth says Dunphy invited him in but the conversation suddenly got heated just before Dunphy reached beside his recliner and aimed a .22-calibre rifle at him.

The RCMP says a loaded rifle was found at Dunphy's feet, and found no charges against Smyth were warranted.

Dunphy's daughter has questioned the fairness and thoroughness of the Mounties' probe of the killing, which happened in RCMP jurisdiction.

Smyth has denied planting the gun, after Meghan Dunphy told the inquiry her father was never a violent man and that she does not believe Smyth's account.

The weapon, which had belonged to Don Dunphy's late father, had not been fired.

Dunphy's daughter and several friends say they never heard Dunphy speak of the rifle or otherwise use guns. He did, however, always keep a metre-long stick at the right side of his chair for protection in case of a break-in.

Also Monday, Smyth admitted that an email he later sent directly to lead RCMP investigator Cpl. Steve Burke was "probably" inappropriate.

Smyth sent it past 3 a.m. on July 29, 2015 asking Burke for an update.

His report is due by July 1.



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