TORTOLA, British Virgin Islands — United States citizen David Swain who is accused of murdering his wife Shelley Tyre said that he did everything within his capabilities to save her once she was brought to the surface. During Tuesday's sitting, the Court heard two video depositions – one lasting four hours and the other 20 minutes – during which Swain was interviewed by the Tyre's lawyer in 2004. Swain, who has several years of training as an Emergency Medical Technician (EMT), said he tried whatever he could have for two to three minutes. The deposition was the last evidence given by the Prosecution as they closed their case against Swain. "I did the best I could…We were a long way from help and nothing left there for us to work with. I did what I could and that the conclusion was that she was gone from us," Swain said in the 2004 deposition. He also stated that he could not recall the exact sequence of the event since it occurred four years earlier. Tyre and Swain were vacationing in the BVI with Christian and Bernice Thwaites along with their nine-year-old son. On March 12, 1999 the tourists went to explore the "the tugs" – a popular dive site between Cooper and Salt Island. Tyre and Swain dived first, but after about 40 minutes, Swain resurfaced without his wife. Tyre was later fished off the sea bed by Christian Thwaites. In his testimony earlier in the trial, Christian Thwaites claimed that Swain performed chest compressions and mouth to mouth resuscitations for approximately 10 seconds. However, the defence produced a letter that Christian wrote to the Professional Association of Dive Instructors (PADI) which he claimed that both he and Swain performed CPR for about five minutes. Swain in the deposition also said that he could not tell how long Tyre was without oxygen. "I am telling you it was a while - it could be 10 minutes or half an hour," Swain said. Swain stated that he and Tyre had a conversation that they would have stayed together until they get where they wanted to go and then she would go off and do her survey and he would go and take his pictures. He said that he last saw his wife at the two wrecked tugs on the sea bed. He also said that as usual they both checked their equipment before entering the water, which he said was generic pre-dive things that would normally be done. "To this day I am not aware that anything was wrong with her mask or snorkel," Swain said in 2004. He said that he had a vague recollection seeing his wife near the wrecks when he swam off in an easternly direction towards the reef. Swain said when he looked back he saw Shelley for sure and everything seemed normal and there was nothing to cause alarm. During the interview, Swain could not recall if he told Shelley that he was leaving or could he recall which direction she went. Meanwhile, Swain said that he began an intimate relationship with Mary Basler sometime in June or July in 1999 following his wife's death. He also shut down claims that he was upset with Tyre's decision to change jobs. He said their happiness was not based on money. On Wednesday morning Swain's Lawyers Hayden Sinclair Douglas and Patrick Thompson will present their case to jurors by calling several witnesses. |