'I should have warned Const. Smyth,' says Don Dunphy's brother at inquiry into shooting death

Don Dunphy's brother, Richard, says he should have warned Royal Newfoundland Constabulary officer Joe Smyth that his brother had a temper.

Richard Dunphy testified Wednesday at a judicial inquiry into the shooting death of his brother. He talked about how his family's relationship with Don Dunphy deteriorated after their father's death.

He said he was upset when his brotherinherited a piece of land from their father and thedispute got to thepoint that a court ordered a peace bondagainst Don Dunphy, preventing him from having contact with Richard's wife, Debbie.

DonDunphywas shot to death in hisMitchellsBrook home in April 2015 by Royal Newfoundland Constabulary officer JoeSmyth, who at the time was assigned to the security detail of then-premier Paul Davis.

TheRCMPinvestigated the shooting and determined no charges were warranted againstSmyth.

Smyth visited Richard and Debbie Dunphyat their own home. Richard said his wife told himSmyth showed his police badge when she opened the door.

Richard Dunphy said he told Smyth he didn't know if his brother had a firearm.

He saidthat after Don Dunphy was shot, he regretted not warning Smyth that his brother could become angry.

"Were you ever afraid of your brother Don Dunphy?" commission counsel Kate O'BrienaskedRichard Dunphy. "Iwasn't, no," he replied.

Was he ever violent?, she asked.

"No, he was quick tempered."

Heated cross-examination

Richard Dunphy told the inquiry on Wednesdaythat he didn't hear Const. Smythtell his wife Debbie that he was investigating "a threat against the government."

But BobSimmonds, alawyer for Don Dunphy'sdaughter, Meghan Dunphy, said during a sometimes tense cross-examination that is not what Dunphy told police the day his brother was shot.

"He was just saying that he,he wanted to have a talk to him where,where he those threat letters for the, to the government." Richard Dunphy told RCMP Cpl. Monty Henstridgein April, according to a police report.

After some pressing by Simmonds, Dunphy agreed he did say that.

Debbie Dunphy was also expected to testify Wednesday. She submitted a doctor's note saying she was unable to attend.

Judge Leo Barry saidif Debbie Dunphy doesn't convince the Inquiry she has a valid reason to not appear she could be sanctioned.

Shared concerns about Workers Compensation

Don Dunphy's friend Colin Dinnalsotestified Wednesday. He was injured on a job working outside the province and takes medication.

Dinn saidhis friend was a "proud man,tormented that he couldn't provide," and wouldn't accept an offer of free firewood.

"We talked about workers comp[ensation]because we were both in similar situations but I never saw him violent or threatening," he said.

I never heard or seen tell of a gun in all the time I was there.- Colin Dinn, Don Dunphy's friend

Commission lawyer Kate O'Brien asked Dinnif Dunphy everworried about his security?

"Yes. After sending tweets or letters, he said he said 'Itwouldn't be a surprise if they comes for me,'" he responded.

"Did you know if he had guns?", asked O'Brien.

"I know he had a stick for protection on the right side of his chair," said Dinn. "I never heard or seen tell of a gun in all the time I was there."

Dinndenied an allegation that he had traded his painkillers, OxyContin, for Dunphy's homegrown marijuana, which Dunphy was allowed togrow to treat pain from a workplace injury decades earlier.

Lawyer Jerome Kennedy, who is representing Smyth, asked whetherthe stick Dunphy carried for protection was related to the marijuana or the letters Dunphy wrote.

"For whatever reason. Someone might come after him, break into his house," said Dinn.

Dunphyson-in-law testifies

BillyCorcoran,MeghanDunphy'scommon law husband, told the inquiry that his father-in-law was opinionatedbut he never saw him angry or violent.

Corcoransaid the trio had an Easter mealhours before DonDunphywas shot, and thatDunphywent home afterwards.

Shortly after, MeghanDunphy learned there had been a shooting at her father's house and they followed a police carthere.

CorcoransaidMeghanaskedRCMPofficer TrevorO'Keefeif her father had been shot, andO'Keeferesponded that DonDunphywas lying on the floor with a rifle.

Corcoransaid his wife asked to see her father, and whileO'Keefesaid she would, that never happened.

Witness X rescheduled

Witness X was expected to testify on Day 3 of the inquiry, but is being rescheduled to later in the hearings that are expected to run into March.

The commission of inquiry says the unidentified witness will be testifying by phone.

Audio of the testimony will be streamed online, but inquiry staff saythe name of the witnesses will not be released.

• Const. Joe Smyth used 'appropriate force' to defend himself, investigators say

• 'Tweet was a concern, not a perceived threat,' says former premier's aide at Dunphy inquiry

Justice Leo Barry is heading the inquiry, which is being held at the School for the Deaf in St. John's.

The Inquiry is adjourned until Monday at 9:30 a.m. when Const. Smyth is expected to take the stand for threedays.

You can follow testimony in our live blog.