Committal hearing for Daylesford pub crash driver William Swale enters second day

Diabetic driver William Swale, who killed five people when he drove into a Daylesford beer garden, has no memory of the crash, a court has heard.

A diabetic driver who killed five people when he drove into a Daylesford beer garden has no memory of the tragedy, a court has heard.

William Herbert Swale, 67, allegedly ignored several phone alerts notifying him his blood-glucose levels were low in the hour before he crashed into patrons outside the Royal Daylesford Hotel on the afternoon of November 5 last year.

He faced the second day of a committal hearing at Ballarat Magistrates’ Court on Tuesday, where his lawyer Dermot Dann KC revealed his client claimed to have no memory of the horror incident.

The defence barrister told the court Mr Swale suffered a severe hypoglycaemic episode, which occurs when blood-glucose drops to low levels, and indicated he would push to have the charges dropped.

William Swale attends Ballarat Magistrates Court for day two of the committal hearing. Picture: Nicki Connolly

Medical experts gave evidence on Tuesday including Mr Swale’s diabetes physician for nearly 30 years, Matthew Cohen, who said he was a “model patient” and had only ever missed one appointment.

The court heard a continuous blood monitoring device recorded Mr Swale’s 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 several phone alerts that his blood-glucose levels were low.

“This is an unusually rapid decline in blood-glucose levels,” Dr Cohen said.

The court heard Mr Swale went into Winespeake Cellar + Deli at 5.22pm — about 45 minutes before the crash — but left immediately because no tables were available.

Dr Cohen said Mr Swale having no memory of the crash was consistent with a severe hypoglycaemic episode but even in such a state, a person can still perform “automatic functions” such as driving or ordering food.

William Swale (right) attends Ballarat Magistrates Court with his lawyers. Picture: Nicki Connolly

About 20 minutes later, Mr Swale’s BMW SUV was captured on CCTV sitting motionless in the middle of the road outside Daylesford bowls club, forcing other motorists to go around him.

The court heard it took him 23 minutes to travel about 300 metres before he failed to negotiate a turn and ploughed into the beer garden.

Mr Dann said there was no evidence of Swale steering or braking before or during the collision.

When he was assessed by paramedics after the crash, a blood-glucose reading of 1.1 mmol was taken and Mr Swale was “virtually close to death” according to Dr Cohen.

“It was very clear from what he reported he had suffered an episode of severe hypoglycaemia which led to the accident occurring,” Dr Cohen said.

Flower tribute at the Royal Daylesford Hotel following the fatal crash in November 2023. Picture: Brendan Beckett

After the crash, Dr Cohen said Mr Swale told him he did not receive any notifications that his blood-glucose was low.

Dr Cohen told the court he certified Mr Swale to be safe to drive in mid-2019, and assessed him as someone who could recognise symptoms of a hypoglycaemic episode.

Earlier, endocrinologist John Carter, who has written guidelines on diabetes and driving, said while he did not know how Mr Swale was feeling, it was a “logical conclusion” that he entered the deli shortly before the crash because he knew he needed carbohydrates.

Dr Carter said most type-one diabetics suffered hypoglycaemic episodes, which could involve sweating and shaking, and recognised their symptoms to mean their blood-glucose levels were low.

“I have no doubt the severity of neuroglycopenia symptoms indicated he had no comprehension of what he was doing when he drove across the beer garden and collided with numerous pedestrians,” he told the court.

Pratibha Sharma, her daughter Anvi and her partner Jatin Kumar were all killed in the crash at Daylesford's Royal Hotel.

Vivek Bhatia and his eldest son Vihaan were killed in the tragedy. His wife Ruchi and youngest son were injured but survived.

The preliminary hearing is designed to test evidence before a case can proceed to trial in a higher court.

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

Pratibha Sharma, 44, nine-year-old daughter Anvi, and partner Jatin Kumar, 30, along with Vivek Bhatia, 38, and son Vihaan, 11, were killed in the tragedy.

The hearing will continue Wednesday.