Husband guilty of murder over 1999 'diving accident'

Published on Wednesday 28 October 2009 21:20

WHEN Shelley Tyre's body was found floating in the turquoise waters off the British Virgin Islands in 1999 after going scuba-diving with her husband, it was dismissed as a tragic accident.

David Swain told the authorities how he had discovered his wife's lifeless body and battled in vain to revive her using CPR.

But Ms Tyre's parents were not convinced – they suspected Swain had actually killed their 46-year-old daughter. And now their ten-year battle for justice has paid off, after a jury unanimously convicted him of what prosecutors called a near perfect murder.

He will be sentenced next month and faces life in the hilltop prison in Tortola, where he has been held for two years.

Swain, 53, an American, was charged by British Virgin Islands prosecutors only after Ms Tyre's parents had pursued a civil case against him in the US.

In 2006, a Rhode Island jury found him responsible for his wife's death and awarded her family $3.5 million (2.1m). But Swain filed for bankruptcy and has not paid.

His latest trial heard expert testimony indicating he had wrestled his wife from behind underwater, torn off her scuba mask and shut off her air supply while they swam near an underwater shipwreck.

Ms Tyre's mask was damaged, the mouthpiece of her snorkel was missing, and her fin found embedded in a sandbar – evidence that prosecution witnesses testified were clear signs of a violent struggle.

Prosecutors accused Swain of drowning his wife on the last day of their Caribbean holiday so that he could pursue a romance with a Rhode Island chiropractor, as well as gain his wife's inheritance estimated at $630,000 (385,000).

But the defence maintained the poor-quality autopsy report could not rule out medical reasons for Ms Tyre's death, including the possibility that she had suffered a heart attack or stroke during what they say was an accidental drowning.

The nine jurors had four hours to produce a verdict under local law, and only a seven-vote majority was required.

Swain's lawyer said he would appeal against the verdict to the Eastern Caribbean Supreme Court.

The victim's father, Richard Tyre, said: "We're in our 80s, and when Shelley was killed, our life pretty much ended."

He told reporters he felt "extremely good that people like David Swain won't be able to hurt any more women".