Defiant Joe Smyth adamant he did not mislead Dunphy inquiry in prior testimony

Royal Newfoundland Constabulary Const. Joe Smythsays he didn't mislead the Dunphy inquiry in January because he didn't recall that he had textedhis friend Sgt. Tim Buckle before giving a statementto the RCMP later that day.

Smyth, who shot injured worker Don Dunphy to death at Dunphy's home in April 2015,says even if he had remembered the conversation, it was not importantbecause he didn't take Buckle'sadvice about a change tothe statement.

"There was no consultation about the facts. I don't see anything here that is consequential," said Smyth.

Buckle told Smyth he should say that he felt he was in imminent danger to reflect his police training.

Smyth said it wasn't the way he speaks and that he felt the comment was "manufactured."

The final document Smythsent to police didn't include the change that Buckle suggested.

Smythtraveled to Dunphy'sMitchellsBrook home on April 5, 2015in his role as a member of then-premier Paul Davis's security detail. He says he fired his weapon after Dunphy pointed a rifle at him.

The RCMPinvestigated the shooting and concluded Smyth had used appropriate force.

The judicialinquiry intoDunphy'sdeath hasheard fromSmythearlierwhen he gave six days of testimony in January

He wascalled back to testify Monday morning after text conversations he had with friends and colleagueswere revealed at the inquiry.

Denied having advice in January

On Jan. 18, Smythhad this exchange with commission co-counsel Sandra Chaytor.

Chaytor: "Other than legal counsel, did you receive any advice from anyone prior to giving that statement [to the RCMP]?"

Smyth: "No."

Chaytor: "And we saw that you spoke or had numerous communications with various persons, but nobody else gave you any input in terms of your legal statement or anything along those lines?"

Smyth: "No."

But Blackberry Messengerconversations that Smyth had with Buckle raised questions about Smyth'searlier testimony.

• Const. Joe Smyth misled Dunphy shooting inquiry, new evidence suggests

In the texts, Buckle suggested a change after reading Smyth's statement.

"Looks good should you be more specific and say I perceived a threat of imminent death or gracious (sic) bodily harm to quote the use of force policy?" he wrote.

On Monday,the inquiry looked at the emailsbetween Smyth and Buckle. After texting Buckle, Smyth sent him an altered version of his statement, but then changed it back to the original statement before giving it to police.

'Lunatic'comment

Smyth was also asked about how he had referred to Dunphy as a "lunatic" in a text message written to a friend a day before the shooting.

In the text,Smythsaid "got to go deal with a lunatic threatening the premier."

Lunatic...it isn't meant in a derogatory way.- Joe Smyth

Smyth said "lunatic" wasn't a term he would use to speak about someone who is mentally ill. He said he would use the word to refer to anyone who "rants and roars."

"I've referred to my own counsel [Jerome Kennedy] as a lunatic it isn't meant in a derogatory way," he said.

On Monday, more text messages between Smythand three other people are expected to be entered as evidence at the inquiry.

• Don Dunphy inquiry: Read CBC's full online coverage

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