A High Court judge has varied the bail conditions for an American woman accused of plotting to kill her husband allowing her to re-locate to her parent’s home in the United States, as she awaits trial in the Supreme Court in March.
Justice Cheryl Grant-Thompson agreed to the variation of the bail terms for Lindsay Shiver, 36, who was granted US$100,000 cash bail in August after allegedly conspiring in July with two Bahamian men to murder her husband, Robert Shiver.
The prosecution alleges that the accused plotted to kill her husband in Abaco on July 16. But the plot was reportedly discovered after the authorities seized a phone while investigating another crime in Guana Cay.
Her two co-accused, Terrance Bethel, 28, and Faron Newbold Jr, 29, posted their $20,000 cash bail and had their passports confiscated. They are also to be fitted with monitoring devices.
As part of her bail conditions, the American woman must report to a police station three times a week, and must follow a residential curfew of 8 pm to 6 am.
Her husband reportedly filed for divorce from his wife after allegedly uncovering the alleged affair between her and one of her co-conspirators.
In her application, Shiver sought permission to move to Alabama, saying it was financially burdensome to remain in The Bahamas, since she relied on her parents.
She told the court she was spending over US$50,000 at her residence, with US$7,000 monthly on rent and another $20,000 on car rental.
She promised not to abscond, indicating that doing so would destroy her chances of resuming her parental responsibilities.
The state raised no objections to the bail variation but noted that the husband of the accused had expressed fears for his safety.
The husband, who appeared virtually, told the court that while he is grateful to be alive due to the swift response of the police, he had an issue with his wife’s new address as it was only two hours away from his residence in Georgia.
He asked the court not to let the defendant enter Georgia until the trial had been completed, noting the risk to himself and his children.
“I am fearful for the physical and mental safety of myself and my three children. We are of the opinion that with the trial so close, it is not in my children’s best interest to reestablish contact due to the psychological damage a guilty verdict may have,’ he said in the presence of his attorney, Shawn Smith.”
But Owen Wells, the attorney representing the wife, offered an alternative address to the court, which was an hour further from the complainant’s location. He said the husband was trying to use the justice system as a sword against his client in their ongoing divorce and custody hearings.
Justice Thompson decided that Mrs Shiver was a person of good character for bail and agreed to let her to move in with her parents. She ordered that Mrs Shiver be permitted into Georgia only to attend divorce or custody hearings.
She also ordered her to remain 100 feet from her husband and his residence and must be fitted with a new monitoring device before she is allowed to leave The Bahamas. Her passport would then be surrendered to authorities in the United States. Details of the case must be forwarded to Interpol.
