Swain Trial scheduled to begin Oct 5th

[AfterDark]

This letter sums it all up nicely. I too see the holes in the beyond reasonable doubt test. Sadly, juries these days are quick to hand down guilty verdicts on questionable evidence.

The biggest issue is under the Brit system as I understand it there is not assumtion of innocence. If he can get the $$ for an appeal there's a good chance he'll win.

 

[ScubaSarus]

Loss of the multimillion cival suit has hurt Dave irreversibly and immensely and it quite a lot of punishmnet in a case with some doubts.

I just wish he wasn't so fast to court the other women, would have been more conservative with spending, and shown greater remorse for the loss of his wife. I believe if he had done so, the outcome would have been different and would be more convincing of his innocence.

I'm quite dissapointed not knowing the real truth as there are doubts for both the defense and prosecution.

We have lost a big part of the dive community of Jamestown. Dave and his staff were instrumental in helping me become a New England diver.

There are many victims and people hurt from this case.

 

[AfterDark]

The biggest issue is under the Brit system as I understand it there is not assumtion of innocence. If he can get the $$ for an appeal there's a good chance he'll win.

I was corrected on this point by a BVI lawyer in another thread. I stand corrected, innocence is assumed under the Brit systems. Sorry Brits.:bonk:

 

[ScubaSarus]

No offense taken AfterDark

 

[RIOceanographer]

I was corrected on this point by a BVI lawyer in another thread. I stand corrected, innocence is assumed under the Brit systems. Sorry Brits.:bonk:

Just to add to that, the US legal system was actually based on the British one, so they are very similar (except perhaps for the wigs....)

 

[DavidInNH]

This letter sums it all up nicely. I too see the holes in the beyond reasonable doubt test. Sadly, juries these days are quick to hand down guilty verdicts on questionable evidence.

This case wasn't in the US so I don't know if the "beyond reasonable doubt test" applies. In many places it is more like "preponderance of the evidence".

I'm not saying I agree or disagree with the findings (I haven't paid that much attention to them) but just that you can't assume the same criteria as in our legal system.

 

[AfterDark]

This case wasn't in the US so I don't know if the "beyond reasonable doubt test" applies. In many places it is more like "preponderance of the evidence".

I'm not saying I agree or disagree with the findings (I haven't paid that much attention to them) but just that you can't assume the same criteria as in our legal system.

Beyond reasonable doubt is the standard in the BVI, IMO they missed the mark in this case. Preponderance of the evidence is how the civil case in the US was won. As I stated earlier the parents had expert witnesses, Swain had his word and no $$$, he lost.

 

[DavidInNH]

Beyond reasonable doubt is the standard in the BVI, IMO they missed the mark in this case. Preponderance of the evidence is how the civil case in the US was won. As I stated earlier the parents had expert witnesses, Swain had his word and no $$$, he lost.

Thanks for the clarification. Clearly I missed that in the earlier posts (as this has been a reasonably long thread).

 

[AfterDark]

Thanks for the clarification. Clearly I missed that in the earlier posts (as this has been a reasonably long thread).

Thanks for asking.

 

[AfterDark]

David Swain will be sentenced on Wed 11/4. Not much to do but wait.