TORTOLA, British Virgin Islands (15 Feb 2008) — Almost nine years after he left Tortola with his wife's body in the hold of a plane, David Swain returned to the Caribbean island Wednesday night, charged with her murder. Swain, 52, a scuba shop owner and former Jamestown Town Council member, spent his first night in the local police station lockup in Road Town, the main harborside city on Tortola that also serves as the capital of the British Virgin Islands. Yesterday afternoon Swain appeared before a magistrate, Valerie Stephens, who read aloud the charge: that Swain had allegedly murdered his wife of 5½ years, Shelley Tyre, on March 12, 1999, during a vacation scuba dive at a place known locally as The Sound. During the brief initial court hearing, at which Swain was not allowed to enter a plea, a prosecutor outlined the allegations against Swain, saying much of the case relies on circumstantial evidence gathered by the Royal Virgin Islands Police Force and through depositions from witnesses who testified in Swain's 2006 wrongful-death case in Providence. Two years ago, a civil jury determined that Swain had drowned Tyre, a 46-year-old experienced diver, while the couple dove over the wrecks of two tugboats. Warwick lawyer J. Renn Olenn, representing Tyre's parents, who brought the suit, told the jury that Swain killed Tyre at a time when he was romancing another woman and while knowing that a prenuptial agreement prevented him from receiving any of Tyre's assets if they divorced. Among the evidence Olenn presented was Shelley Tyre's broken mask and snorkel, which diving experts testified indicated a violent struggle had taken place. Olenn also noted that Tyre had only used about eight minutes of air from her tank, much of which would have been depleted as she descended through 90 feet of water with Swain. There, on the sandy bottom beside the dark hulls of the sunken ships, David Swain attacked his wife, Olenn alleged, climbing onto her back, turning off her air supply, and holding her down until she drowned. The jury deliberated less than three hours and used most of that time trying to determine how much money they should award Shelley Tyre's parents. Swain has repeatedly asserted his innocence. He says he doesn't know what happened to his wife because he wasn't with her at the time. Although he was a diving instructor, familiar with the "buddy system" that requires divers stick together, Swain said in depositions played during his civil trial that he left his wife's side to take photographs. Tortola officials initially ruled Tyre's death an accident. Swain's civil conviction, along with Olenn's urgings, convinced island officials to take another look at the case. In November, federal marshals, armed with a murder warrant from Tortola, arrested Swain at his Jamestown scuba shop. Last month he formally waived his right to contest extradition and earlier this week marshals transported him from the Donald W. Wyatt Detention Facility in Central Falls to Queens, N.Y., where they turned Swain over to members of the Royal Virgin Islands Police Force. | | PADI dive shop owner David Swain has been charged with murdering his wife while the couple was scuba diving in the British Virgin Islands Under the British Virgin Islands' system of justice, a defendant is not allowed to make a plea at his initial court appearance to an indictable offense, such as murder. The Crown, or prosecution, must first present its evidence during a preliminary inquiry. Inquiries are held before a magistrate, who must rule whether sufficient evidence exists for the defendant to be bound over for trial. All inquiries are closed to the public and press. And murder suspects are not entitled to bail. Magistrate Stephens ordered Swain held yesterday until his next court appearance, scheduled for April 17, said Susanna Henighan Potter, spokeswoman for Tortola's Deputy Governor's Office. Until then, Swain is being held at Her Majesty's Prison at Balsam Ghut. The prison, which opened in 1997 and currently houses 108 inmates, sits in the remote northeastern end of Tortola on a hillside overlooking the ocean. SOURCE - Providence JournalSCUBA FORUMDISCUSS THIS TOPIC - Dive in and have your say at Scuba Forum |
