High Court Judge, Richard G Floyd granted bail in a judgement this month, after years of delays in Tyson’s trial.

Tyson — who is accused of fatally shooting Kawana Todd-Rymer in March 2012 — was convicted after trial in 2013. However, that conviction was overturned on appeal in 2017 but he has been awaiting a retrial since.

Because of these extended delays at the fault of the Director of Public Prosecutions’ (DPP), Tyson’s legal team filed for bail.

Prosecution failed

DPP Tiffany Scatliffe Esprit and her team of prosecutors objected to bail arguing that notwithstanding the years of delay — some of which was brought on by COVID-19 — Tyson was a “flight risk, likely to interfere with witnesses and commit further offences if granted bail”.

But after examining the both sides, Justice Floyd concluded in his judgment that the DPP’s Office “failed to show cause why the applicant (Tyson) should be detained.”

“This application for bail is hereby granted,” he further ruled.

However, Tyson was released on strict bail conditions. Firstly, his bail was set on a $200,000 bond with no cash deposit.

Bail conditions

The High Court judge further ruled that Tyson must report to and sign in at the Road Town Police Station every Monday, Wednesday and Saturday between 6 am and 6 pm commencing immediately upon his release from custody.

“The Applicant shall reside with his mother, Cynthia Tyson, in Joe’s Hill, Tortola. The Applicant shall remain in his residence daily between the hours of 8 pm and 6 am except for medical emergencies involving himself or his mother, Cynthia Tyson, and only after having notified the Royal Virgin Islands Police Force of such emergency,” Judge Floyd ordered.

He added: “The Applicant shall present himself within five minutes of a police request made at any time when he is required to be in his residence and ensure that the police have access to the door of his residence to enable such bail compliance checks to be conducted. The Applicant shall not contact or communicate in any way either directly or indirectly by any physical, electronic or other means with any Crown witness in this case.”

“The Applicant shall not be within 100 feet of any Crown witness in this case, nor any place where any Crown witness lives, works or goes to school. The Applicant shall not possess any weapon, firearm, pellet gun, flare gun, imitation firearm, prohibited weapon, restricted weapon, bladed weapon, ammunition or explosive substance, or anything designed or intended to be used to cause death or injury. The Applicant shall not possess or apply for any licence, authorisation or registration certificate for any such weapon referred to above. The Applicant shall not attend at any bar, tavern, restaurant or establishment licensed to sell alcohol. The Applicant shall not be found on board any ship, boat or maritime vessel,” the High Court Judge further ordered.

He continued: “The Applicant shall remain within the Territory of the Virgin Islands. The Applicant shall deposit his passport and any other travel permits or documents with the High Court Registry Office immediately upon his release from custody. The Applicant shall not apply for a passport or any other travel permits or documents while this case remains outstanding. The Applicant shall keep the peace and be of good behaviour.”

The court said a breach of any of the terms of these bail conditions shall result in the immediate revocation of bail and the associated bail bond shall be subject to estreatment proceedings.