American David Swain, 51, appeared in the Magistrate’s court yesterday Thursday, February 14. It was Swain’s first court hearing in the Territory since his extradition from the United States on February 13, according to a Government Information Service press release.

Swain appeared in Magistrate’s Court at 2:00 p.m. before Senior Magistrate Valerie Stephens, who read aloud the charge of murder, which has been filed against him. The particulars of the alleged offence are that Swain, on March 12, 1999, at The Sound, Cooper Island, in the Territorial Waters of the Virgin Islands, murdered Shelley Arden Tyre.

Swain was not allowed to plead to the charge because it is an indictable offence, by definition one that may be tried before a jury. He was remanded in custody until his next court date, which is April 17. V.I. law does not allow bail in cases of murder.

Tyre drowned on March 12, 1999 near the Twin Wrecks Mary L and Pat off Cooper Island, where she and Swain had been scuba diving together. The death was originally ruled an accident, but when Swain was found responsible for the death in a US civil court, the BVI reopened the case.

During Thursday’s court hearing, the Crown was represented by Senior Crown Counsel Grace Henry-McKenzie and Crown Counsel Myron Walwyn from of the Office of the Director of Public Prosecutions. Swain is being represented locally by Hayden St. Clair-Douglas.

During the brief hearing, Henry-McKenzie outlined the allegations against Swain. She said that the Crown’s case relies on circumstantial evidence gathered during investigations by the Royal Virgin Islands Police Force and through depositions from witnesses who testified in a related civil trial in the United States.

Swain formally waived his right to contest extradition to the Virgin Islands on January 25, 2008. He traveled from the United States to the Virgin Islands in the company of members of the Royal Virgin Islands Police Force on Wednesday, February 13, 2008.

Under the BVI’s system of justice, the Crown must first present its evidence of an indictable offence during a Preliminary Inquiry. Preliminary Inquiries are held before a Magistrate, who must rule at the end of the inquiry whether or not there is sufficient evidence for the defendant to be bound over for trial at the High Court. The press and the public are not allowed in court during a preliminary inquiry.

According to the Office of the Director of Public Prosecutions’ Media Policy, the Crown does not present or otherwise publicly disclose its evidence in detail prior to a trial, and crown prosecutors do not make comments about ongoing criminal cases to the media. The purpose of this policy is to protect the integrity of the judicial process.

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