Court postpones Swain Murder Trial until February 2009

~~Adz:Right~~ Roadtown, Tortola - A judge in the British Virgin Islands today agreed to delay the trial of Mr. David Swain until February 2009, at the request of defence counsel.

Hon. Justice Odel Adams granted an application by defence attorney Ms. Mishka Jacobs for Swain’s murder trial to be traversed to the next criminal court session in February 2009.

Ms. Jacobs said Mr. Swain needs time to secure funds for his defence.“This case involves quite a bit of expert testimony from the Crown, and it is imperative for the defence to put forward expert testimony as well in order to secure a proper defence,” Ms. Jacobs said. “We are having quite a bit of difficulty in securing the necessary experts. The difficulty is financial on the part of the defence.”

In agreeing to traverse the case, Justice Adams said it is important for Swain’s trial to take place as soon as possible. “The accused is expected to stand trial no later than the next Assizes, to be held in February next year,” the judge said.

Addressing Mr. Swain, Justice Adams said: “We’re giving you until February to see if you can raise whatever funds may be necessary for your defence.”

Mr. Swain, a United States citizen, is charged with murdering his wife, Shelly Arden Tyre, on March 12, 1999, at The Sound, Cooper Island, while the two were on vacation. He was extradited to the BVI in February and is now on remand at Her Majesty’s Prison, Balsam Ghut.