TORTOLA, British Virgin Islands (20 Oct 2008) — The murder trial of former Rhode Island councilman David Swain has been postponed until February 2009. Swain is charged with murdering his 46-year-old wife, Shelly Arden Tyre, on March 12, 1999, at The Sound, Cooper Island, while the two were diving during a BVI vacation. Justice Odel Adams agreed this week to delay the trial until February at the request of defense counsel Mishka Jacobs. "This case involves quite a bit of expert testimony from the Crown, and it is imperative for the defense to put forward expert testimony as well in order to secure a proper defense," Jacobs said. "We are having quite a bit of difficulty in securing the necessary experts. The difficulty is financial on the part of the defense." Justice Adams granted the extension but said that it is important for Swain's trial to take place as soon as possible. BVI authorities launched a criminal investigation at the time that the death was reported, focusing on the dive shop owner, but Swain was allowed to leave the island and return home to Jamestown after investigators said they could not rule out the possibility that the woman drowned accidentally. Swain always has maintained that his wife's death was accidental. In 2006, however, a civil jury in Rhode Island Superior Court found Swain responsible for Tyre's death and awarded her family, who sued for wrongful death, more than $6 million. The statements of several expert witnesses were made available to BVI authorities, who reopened the inquiry and secured the arrest warrant. Federal agents took Swain into custody in November after the United Kingdom made a diplomatic request for extradition. He was extradited to the British Virgin Islands from Rhode Island in February to face the charges. Under the BVI's system of justice, the Crown must first present its evidence to a magistrate during a preliminary inquiry. After the inquiry, the magistrate rules whether there is sufficient evidence for the defendant to be bound over for trial at High Court. | 
