'Killed twice': Victims' families outraged at pub crash verdict

Five people were killed when they were struck by a car outside a Daylesford pub almost a year ago. Now, the victims' families are speaking out after a Magistrate handed down his judgment of the driver.

Joel Erickson

3 min read

September 20, 2024 - 10:27AM

Charges dropped against Daylesford pub crash driver

Family Life

Don't miss out on the headlines from Family Life. Followed categories will be added to My News.

The families of five victims killed in a horrific crash outside a Victorian pub have voiced their outrage after all charges against the driver behind the wheel were dismissed in court.

Melbourne couple Pratibha Sharma, 44, and Jatin Kumar 30, died alongside Pratibha’s daughter Anvi, 9, while Vivek Bhati and his 11-year-old son Vihann were also killed when William Herbert Swale, 66, crashed into The Royal Daylesford Hotel on November 5, 2023.

Mr Swale was charged with 14 offences in the aftermath of the crash, which saw his white BMW SUV careen through a roundabout before crashing into patrons on the footpath.

Want to join the family? Sign up to our Kidspot newsletter for more stories like this.

NCA NewsWire reports all charges against Mr Swale were dropped in Ballarat Magistrates’ Court this week when magistrate Guillaume Bailin determined Mr Swale had “no comprehension of what he was doing” at the time of the crash.

Pratibha Sharma her daughter Anvi and her partner Jatin Chugh were all killed. Picture: Supplied

"They killed them again today"

Following the verdict, a family friend of Mr Bhati voiced his fury at the charges being dropped, and said the family was “really upset”.

Pratibha’s family told A Current Affair they felt their family members had been killed for a second time.

"They killed them again today," her brother Vikas said.

"First day on the fifth of November, they all five people killed by the driver, and today killed by this Australian justice system again.

"For us it's too hard to digest that decision."

Vivek Bhatia (left) and his 11-year-old son died at the scene while his wife Ruchi Bhatia (right) and six-year-old son survived. Picture: Facebook

Magistrate finds driver's act was not voluntary

Magistrate Bailin acknowledged in court that the matter was “highly emotionally charged”, and said his judgment was not about whether Mr Swale was guilty, but on the legal issue of whether police could prove his actions were “conscious and voluntary”.

“This is a case where there is a hypothesis consistent with innocence that so fundamentally weakens the case,” he said.

“It is reasonably possible the accused was suffering a severe hypoglycemic event; the result of which means his actions in driving from 5.36pm onwards were not voluntary.

“As such I discharge the accused on all charges.”

Mr Swale was captured on CCTV entering the Winespeake cellar and deli in Daylesford asking for a table about 30 minutes before a fatal crash. Picture: Supplied/ Magistrates' Court of Victoria

Driver "deeply distressed" by crash

Mr Swale’s lawyer told NCA NewsWire his client was “deeply distressed” by the deaths and injuries that occurred because of the crash.

The court heard witnesses described Mr Swale as “non-responsive”, “wasted”, and “drifting in and out of consciousness” as he sat in his car after the crash.

Introducing our new podcast: Mum Club! Listen and subscribe wherever you get your podcasts so you never miss an episode.

Mr Swale, a diabetic, was captured on CCTV entering a deli to try to eat food to raise his blood-sugar levels prior to the crash, but there were no tables available.

15 minutes later, he was seen outside the Daylesford Bowling Club stopped in the middle of the road for “several minutes”.

Two experts gave evidence that Mr Swale was likely already in an “impaired consciousness state” when he re-entered his vehicle before the deadly crash.

William Swale had all charges dropped. Picture: NewsWire / Andrew Henshaw

All charges dropped

NCA NewsWire reports police prosecutors argued Mr Swale should have known the risks when he re-entered his car.

“He’s well aware of the risks of having low blood sugar levels … of recognising his own personal suite of symptoms for falling blood glucose levels and what to do to remedy or rectify those circumstances,” Mr McWilliams said.

“Here we have a driver that is very aware of what the consequences of driving in an environment of low blood sugar is – it’s loss of control.”

Mr Swale was charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life in December.

All charges against him were dropped.