PROVIDENCE, Rhode Island (10 Nov 2006) -- For the second time, Rhode Island dive shop owner David Swain has been denied a new trial. Earlier this year Swain was found liable for the scuba diving death of his wife in Tortola and ordered to pay $4.8 million. Swain's wife, Shelley Tyre, died in 1999 while the couple were scuba diving off Tortola in the British Virgin Islands. Although authorities in the British Virgin Islands did not file criminal charges against Swain, a civil suit was filed by his late wife's parents. During the trial, the attorney representing Tyre's parents introduced evidence suggesting that Swain killed his wife for money while he was involved in a relationship with another woman. Swain's second appeal was based primarily on the judges decision not to delay the trial after one of his lawyers became sick with cancer. The judge denied the appeal stating that the issues were handled in the first appeal or were "less than compelling" because Swain failed to raise objections during the trial. | | PADI 5-Star IDC Ocean State Scuba owner David Swain has failed in his appeal of the wrongful death verdict by a jury that weighed all of the evidence and concluded Swain killed his wife while they were scuba diving in the British Virgin Islands. With interest, the jury's award amounts to more than $6 million. Although police on Tortola initially ruled that Shelley Tyre's death was accidental, the case has been reopened. © CDNN - CYBER DIVER NEWS NETWORK |
