Daylesford pub crash driver William Swale ordered to explain why he’s refusing to help with inquest

A diabetic driver who killed five people when he ploughed his car into a Daylesford beer garden during a medical episode will be forced to explain why he’s refusing to co-operate with a coronial investigation into the tragedy.

William Herbert Swale will be forced to explain why he is refusing to co-operate with a coronal investigation. Picture: Jake Nowakowski

A diabetic driver who killed five people when he ploughed his car into a Daylesford beer garden will be forced to explain why he 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, initially 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 had a minimal chance of resulting in Mr Swale’s conviction.

The circumstances surrounding the crash are now the subject of a coronial inquiry, with an inquest due to be held in March next year.

Several hearings have been held leading up to the inquest, during which Mr Swale has refused to co-operate.

Mr Swale has been refusing to co-operate with a coronal investigation. Picture: Andrew Henshaw

Coroner Dimitra Dubrow, who is overseeing the inquiry, confirmed Mr Swale would need to appear in person to reject Counsel Assisting the Coroner Rishi Nathwani KC’s request to cross examine the diabetic driver and to explain why he has exercised his right not to give a statement during the inquiry.

Neither Mr Swale nor the victims’ families were present at Friday’s hearing, where Mr Nathwani said there was “quite a bit of new material” that would be added to the scope of the investigation, including statements from members of Mr Swale’s shooting club and statements from diabetes and accident specialists.

The court previously 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.

Mr Nathwani previously said statements had been sought from more than 60 witnesses, such as police, medical experts and bystanders.

Ms Dubrow said the inquiry would not cast blame or determine criminal liability.

Pratibha Sharma’s brother Vikas Sharma holds a photo of his sister, her partner and daughter, who were killed in the tragedy. Picture: David Caird

Relatives of Vivek and Vihaan had previously told the Herald Sun they had endured an “unimaginable loss” as a result of the crash.

A committal hearing held in the magistrates court 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.

Vivek Bhatia (left) and his 11-year-old son were killed in the crash. Picture: Facebook

The court heard Mr Swale had received several phone alerts about his falling blood-glucose levels before he went to a deli, but left because no seats were available.

He then got behind the wheel of his BMW and soon after failed to turn, ploughing his car into the beer garden where the two families were sitting.

Mr Swale’s lawyers successfully argued that his medical episode was so bad that he was incapable of acting consciously.

Mr Swale will appear at the Coroner’s Court on December 16.

The coronial inquest is expected to begin on March 10.