TORTOLA, British Virgin Islands — Shelley Tyre could have suffered a heart attack or stroke which caused her to panic in the BVI waters on the day she died, according to defense witness Dr. Jack Daniel a Forensic Pathologist of Richmond, Virginia. During Daniel's testimony on Thursday afternoon which was done via video link, David Swain's Lawyer Hayden St. Douglas told the witness that it is the view of other professionals that all the background and circumstances relating to Tyre is that she was murdered. However, Daniel said, "In this particular case I think it is very misleading because let's say for instance that Ms. Tyre had inflammation of the heart muscle that caused her to have an episode of shortness of breathe that caused her to panic and in her panic, she ascends to holding her breathe and drowns as a result." Daniels explained that if a diver in such a situation (heart attack/stroke) is on land, that person would stand a better chance of living but if under water like in the case of Tyre, it is a dangerous environment. "The episode of the stroke can lead to drowning if that person panics out of fear." Prosecution expert witnesses have testified that they are of the view that Swain wrestled Tyre from behind, tore off her mask and shut off her air supply. The pathologist also criticized the autopsy report of Tyre, stating that it was not detailed since it did not state the type of drowning and if Tyre suffered from a diving disease (heart attack or stroke) it did not state since limited testing was done. He also said that an x-ray should have been done. The witness stated that one would look for evidence of air in the body where it is not ordinarily found, like in the heart, lungs area, chest, in the blood vessel and head, "And those areas are important to start before you dissect the body…a pathologist should be looking closely to examine the tissue of the heart also…" Daniel told the court that in his view it's necessary to conduct a number of tests, including x-ray and microscopic tissue examination since these various tests might demonstrate that the individual concerned suffered from conditions related to some of the mentioned major organs which are not discoverable in a visual examination of those organs. Meanwhile, during cross examination Director of Public Prosecution Terrence Williams put to Daniel that his opinion, conclusion and report does not take into account the condition of Tyre's mask, snorkel, fin and the absent slate, but the witness disagreed saying that he did consider the latter things but he did not think that it overrides those things that were not looked for in the autopsy. Williams said that his suggestion that the diver may have had a stroke or heart attack would mean that it was a peaceful passing for the diver so there was no need for her gear to be damaged. However, Daniel disagreed saying that it can cause the person to panic because of fear. "So you are saying that the diver (Tyre) is having a heart attack and pulls off her mask by using at least 23 pounds of force to break the mask, pulls off her snorkel in having an heart attack and that she pushed the fin in the sand too. Is that what you are suggesting Doctor," Williams asked Daniel. "I don't know how a person would react to heart attack - don't know they could or could not do but, I would never say that could not have happened." Williams told Daniel that based on what he is saying and what the Prosecution witness Dr. Tom Neuman said in relation to when Tyre stopped breathing from her tank, it would have meant that Swain was there when Tyre had either the heart attack or stroke. "Assume Doctor Neuman is correct that she stopped breathing 8 minutes from that tank and Swain was correct that after 8 minutes plus he looked back and sees that she is ok and normal - would that not rule out your theories…It means that your theory is wrong - so your theory could not hold," Williams put to Daniels. However the doctor said, "I cannot accept that we would know when the individuals looked at each other even assuming the calculation - at any given time." Meanwhile, earlier in the day Swain during cross examination by Williams revealed that he spent part of Tyre's estate which he inherited on courting Mary Basler and taking her on a cruise. He made it clear to the court that he pursued Basler after his wife's death. Swain also said that he and Basler shared travel costs. The trial continues on Friday where the defense is expected to call two more expert witnesses. | 
