Diabetic driver refuses to co-operate in Royal Daylesford Hotel crash inquest
A diabetic driver who claimed the lives of five people when he crashed into a Daylesford pub is refusing to co-operate with a coronial investigation.
A diabetic driver who killed five people when he ploughed into a Daylesford beer garden is refusing to co-operate with a coronial investigation into the tragedy.
Pratibha Sharma, 44, her nine-year-old daughter Anvi and partner Jatin Kumar, 30, along with Vivek Bhatia, 38, and his 11-year-old son Vihaan, died when William Herbert Swale’s BMW X5 crashed into patrons seated outside the Royal Daylesford Hotel in November 2023.
Mr Swale, who was experiencing a hypoglycaemic episode at the time, faced criminal charges, including culpable driving causing death, but the case was thrown out last year after a magistrate found the evidence was weak and the chance of conviction minimal.
With the criminal case over, the Coroners Court of Victoria on Tuesday heard it had resumed its investigation and a two-week inquest would be held in March next year.
Counsel Assisting the Coroner, Rishi Nathwani KC, said statements had been sought from more than 60 witnesses, including bystanders, police and medical experts.
But he revealed Mr Swale had refused to co-operate.
“To date, he has exercised his right not to provide a statement,” Mr Nathwani said.
The court heard the inquest would examine safety measures for hotel patrons and safe driving practices for type 1 diabetics, including glucose monitoring, education and public awareness so similar tragedies in the future could be prevented.
Coroner Dimitra Dubrow acknowledged the families’ pain and suffering but stressed her role was not to cast blame or determine criminal liability.
“This won’t be a rehearing of those issues,” she said.
No relatives attended Tuesday’s directions hearing, but Vivek’s uncle and Vihaan’s great uncle, Mukesh Bhatia, previously told the Herald Sun his family had suffered an “unimaginable loss” and planned to sue Mr Swale.
A committal hearing last year heard Mr Swale allegedly knew the risks with hypoglycaemia, including the loss of driving ability, but decided to get behind the wheel before he drove into patrons seated at picnic tables outside the pub at 6.07pm on November 5.
Data from his blood monitoring device showed his blood-glucose levels dropping from 7.2 millimoles per litre – within the normal range – to 2.9 mmol in a 20-minute window about an hour before the crash.
After the second reading, Mr Swale allegedly received the first of 10 phone alerts at 5.18pm that his blood-glucose levels were low.
At 5.22pm, he went into Winespeake Cellar + Deli but left immediately because no tables were available.
In a police interview two days later, he refused to answer questions other than to confirm that he had attended a shooting competition in Clunes that weekend and he was a diabetic.
Two diabetes experts gave evidence at the committal, agreeing Mr Swale was likely in a severe hypoglycaemic state when he resumed driving at 5.36pm, meaning his actions were not voluntary.
He began driving again at 5.36pm and six minutes later his BMW SUV was recorded on CCTV sitting motionless in the middle of the road outside Daylesford bowls club, forcing other motorists to go around.
It took him a further 23 minutes to travel about 300m before he failed to negotiate a turn and ploughed into the beer garden.
When he was assessed by paramedics after the crash, the court heard a blood-glucose reading of 1.1 mmol was taken and Mr Swale was “virtually close to death”.
Mr Swale’s diabetes physician for nearly 30 years, Matthew Cohen, described him as a “model patient” who had only ever missed one appointment and medical records revealed he had never had severe hypoglycaemia prior to the crash.
Magistrate Guillaume Bailin discharged the case after finding the evidence was weak and unlikely to lead to a conviction.
He was critical of how the prosecution ran its case, including that his alleged negligence began at 5.36pm and not earlier in the day.
“From 5.36pm, the accused was suffering a severe hypoglycaemic episode, the result of which his actions of driving were non-voluntary,” he said at the time.
“No hypothesis of guilt is open given how the crown have made their case.”
Speaking to the Herald Sun, Vivek’s uncle and Vihaan’s great-uncle Mukesh Bhatia said Swale’s refusal to assist with the inquest was “shameful”.
He said Swale should be compelled to provide a statement to the coroner.
“He spoiled the lives of three families and he is enjoying living at home freely … he never even called the victims’ families … it is really shocking that Swale is not cooperating,” Mr Bhatia said.
“To have the driver not cooperating with the court … it’s shameful.”
Mr Bhatia said his family still believed Swale should be held accountable for the crash despite his charges being dropped, after loved ones lashed that decision when it was handed down last year.
“He is the culprit. It was very bad and shameful justice given to us,” he said.
The coronial inquest is expected to begin on March 10.
