BREAKING NEWS: David Swain Wins Appeal Against Murder Conviction

[SadiesMom]

BREAKING NEWS: David Swain Wins Appeal Against Murder Conviction - BVIPlatinum.com | BVIDailyNews.com


David Swain, 55, a United States citizen who was unanimously found guilty in October 2009 for the murder of his wife Shelley Tyre in the BVI waters on March 12, 1999, won his appeal in the Court of Appeal.

This decision came just seconds ago following a hearing which began on Tuesday, September 27 before the Court of Appeal.

This means that Swain is now a free man.

Swain was represented by Dr. JS Archibald, QC and Prosecution was represented by Director of Public Prosecutions Mrs. Elizabeth Hinds.

During the murder trial in 2009, the crown was represented by former DPP Mr. Terrence Williams, former Principal Crown Counsel Mrs. Grace Henry-McKenzie and Crown Counsel Sarah Benjamin. Swain was represented by Hayden St. Clair-Douglas and Patrick Thompson.

BVI Platinum News will provide more details on the decision shortly.

 

[Rhone Man]

Details are a bit scant at this stage, but the gist of the reasoning appears to be that the trial judge did not fairly summarise the case for the jury, instead emphasising the prosecution case.

They also ordered that there be no retrial, with so much time having now elapsed since the original incident.

 

[VooDooGasMan]

He owned a dive shop right, if so his friends and employee's said he was innocent.

 

[SadiesMom]

Update with more details on the reasons for overturning the conviction:

"I can now breathe a little free air, go for a walk, go home and try to pick up the pieces and go on". Those were the words of United States citizen David Swain today, September 29 after the Eastern Caribbean Supreme Court of Appeal squashed his murder conviction.

Outside the Commercial Court on Main Street, a free David Swain accompanied by his daughter Jennifer Swain Bloom, told BVI Platinum News that he is happy over the decision and will be returning to Rhode Island.

"I feel elated. Some truth finally came out about some mistakes that were made by the prosecution...I am going back to Rhode Island where my family is and my home," he stated.

Swain, 55, was unanimously found guilty in October 2009 for the murder of his wife Shelley Tyre in the BVI waters on March 12, 1999.

His daughter, who from the inception had stated that her father was innocent, said she knew that one day the justice system would deliver.

"I never gave up because he is my father and I believed in him, and I have known for the whole time that he was innocent and I knew that the system would eventually deliver," Bloom said as she tried to hold back tears.

During the Court of Appeal hearing, Swain was represented by the law firm JS Archibald & Co. led by Dr. JS Archibald, QC and and Director of Public Prosecutions Mrs. Elizabeth Hinds appeared for the Prosecution.

During the murder trial in 2009, the crown was represented by former DPP Mr. Terrence Williams, former Principal Crown Counsel Mrs. Grace Henry-McKenzie and Crown Counsel Sarah Benjamin. Swain was represented by Hayden St. Clair-Douglas and Patrick Thompson. The trial was heard before High Court Judge Indra Hariprashad-Charles.

Meanwhile, in handing down the Court of Appeal's decision, Hon. Ola Mae Edwards stated that the prosecution's case was dependent on circumstantial evidence.

The prosecution had stated that Swain wanted Tyre dead mainly for financial gains and to pursue a relationship with another woman, who also testified on behalf of the crown during the 2009 trial.

Hon. Edwards said the sitting judge in the trial failed to put a fair case to the jurors during her summation and that the judge's summation was focused mainly on the prosecution's case.

Edwards further stated that the High Court Judge in her summation to jurors said that the prosecution had stated that the woman died at the hands of her husband, while the defense stated that it was due to drowning which stemmed from medical reasons. However, in her final direction, she told the jurors that they heard all about self defense and accident, but neither of which have any place in the trial.

She said the jurors did not receive proper direction from the Judge.

Hon. Edwards also stated that the High Court Judge agreed with DPP Hinds, who had stated that it would have been confusing for the High Court Judge to direct the jurors on an alternative of a lesser offence of manslaughter.

Hon. Edwards noted that Dr. Archibald QC had also asked of the Court of Appeal not to order a re-trial and the Court of Appeal will grant that request.

An order was then made for no re-trial and the Court of Appeal Judge noted that it is twelve years since the alleged incident took place and he has already spent four years in prison, including time on remand.

 

[AfterDark]

The wheels turned slowly but justice has been done. The railroading by a wealthy family of a man denied a fair trial has been stopped. Looking forward to seeing him on US soil.

 

[Rileybri]

can some one give the 10 second tour of what transpired 12 years ago and who he is?

 

[AfterDark]

BVI, mid 90's two divers husband and wife, went down seperated by plan Dave came up his wife didn't, she was found dead near the dive site by a friend. Dave lost civil wrongful death case in RI brought by her parents. In-Laws took that and convinced the BVI to proscute him for murder 10 years after the death. Convicted in a trial that never would have happened here fed by innuendo and theroy, they have admitted their mistake and he is free.

 

[DandyDon]

can some one give the 10 second tour of what transpired 12 years ago and who he is?

No

BVI, mid 90's two divers husband and wife, went down seperated by plan Dave came up his wife didn't, she was found dead near the dive site by a friend. Dave lost civil wrongful death case in RI brought by her parents. In-Laws took that and convinced the BVI to proscute him for murder 10 years after the death. Convicted in a trial that never would have happened here fed by innuendo and theroy, they have admitted their mistake and he is free.

There was more to it really. I agree that the conviction was BS and glad he is free but it wasn't quite that simple.

Old news story: US diver David Swain convicted of murdering wife 10 years ago - Telegraph

 

[John Petko]

From what I saw of the video taped interview...this guy is well schooled in the "Bill Clinton/O.J. Simpson school of how to lie on a technicality" Left/separated from dive partner for a prolonged period of time and kept saying "I have a vague recollection of that" What BS! He was well coached and got off on a technicality ala O.J.Simpson. This guy is guilty; his answers and body language are proof. HE KNEW EXACTLY WHAT HE WAS DOING! and how to make it look like and "accident" Again thanks O.J. school of deception... if the fin doesn't fit you must acquit!

 

[DandyDon]

From what I saw of the video taped interview...this guy is well schooled in the "Bill Clinton/O.J. Simpson school of how to lie on a technicality" Left/separated from dive partner for a prolonged period of time and kept saying "I have a vague recollection of that" What BS! He was well coached and got off on a technicality ala O.J.Simpson. This guy is guilty; his answers and body language are proof. HE KNEW EXACTLY WHAT HE WAS DOING! and how to make it look like and "accident" Again thanks O.J. school of deception... if the fin doesn't fit you must acquit!

First post on SB huh? How do you know these people?