Daylesford pub crash survivor says diabetic driver should be behind bars

A mother who survived a horror Daylesford crash that killed her husband and young son has broken her silence to demand the killer diabetic driver be thrown in jail.

A mother who survived a horror Daylesford crash that killed five people, including her husband and young son, has broken her silence to demand the killer diabetic driver be thrown in jail.

Speaking publicly for the first time since 67-year-old William Swale fatally ploughed into patrons at the Royal Daylesford Hotel last year, Tarneit mother Ruchi Bhatia said her outraged family wanted him to be punished.

After charges against Mr Swale were dismissed last week, Ms Bhatia suggested the law needed to change, saying: “I want that person to be behind bars for his whole life, because I am in prison right now, (the one) who lost the family.

“He’s still got family. He’s still living his life. What about us?”

Ms Bhatia’s husband, 38-year-old Vivek Bhatia, her 11-year-old son Vihaan, Pratibha Sharma, 44, her nine-year-old daughter Anvi and partner Jatin Kumar, 30 died in the crash on November 5.

Ruchi Bhatia and her six-year-old son Abeer were injured in the crash. Picture: Jake Nowakowski

Ms Bhatia has never spoken about the crash, with only her in-laws addressing the tragedy.

Breaking her silence on Tuesday, Ms Bhatia revealed that she had no memory of the incident, saying she woke up and began screaming in hospital surrounded by police when they broke the news that her husband, son and family friends had all been killed.

After spending a month in hospital recovering from a broken shoulder, hip and internal injuries, Ms Bhatia said could not bring herself to attend Vivek’s and Vihaan’s funerals.

Abeer was placed in a coma for several days with serious leg injuries.

Mr Swale, a diabetic, suffered a severe hypoglycemic episode before he drove into the patrons while they were seated in the beer garden.

The Bhatia and Sharma families had spent that day at the Daylesford Chocolate Mill before going to the pub “just like any other family enjoying a nice day on holidays”.

“We were just having fun. We were outside, we were all together, and the next moment they are gone and I’m never going to see them again,” Ms Bhatia said.

“Still today, I don’t believe that they are not with me.”

Vivek Bhatia and his eldest son Vihaan, 11, were killed in the crash.

Culpable and negligent driving charges against Mr Swale were dismissed in a Ballarat court last week, a decision that outraged the victims’ loved ones who now plan to launch legal action against him and protest the outcome.

“It was like we died again when they said five people died, nobody cared and no one was responsible,” Ms Bhatia said.

“I lost my child and my husband and I don’t know what to do without them and I want to ask everyone, would they be okay with this decision? I don’t think so.

“We are dying every day, every single minute.

“Five people were gone, including two kids, when we were just sitting outside a bar in a restaurant. I think someone is responsible for that.

“He’s still got his licence. He’s still diabetic and if he still gets those episodes, he’s going to hit somebody else.”

Ms Bhatia and Abeer both need ongoing treatment for their injuries, and specialists will monitor Abeer’s development for the next decade.

All charges against Mr Swale were dropped last week. Picture: Andrew Henshaw

The shattered mother only left her new home in Tarneit for the first time on Monday since leaving hospital and has relied on her loved ones to help care for Abeer.

Abeer, a once happy boy who spent all his time with his elder brother, no longer enjoys going to school and cannot talk about his father and brother because he understands that they “are in the clouds” and are not coming back.

“He doesn’t say anything, but he’s really, really sad. He used to stay with his brother all the time. He knows Mama is sad all the time,” Ms Bhatia said.

Ms Bhatia said she feels like she is “living in hell” without her husband and son.

Ms Bhatia met Vivek when they were teenagers, remembering her husband as a “loving” partner and friend who enjoyed cooking.

“There are no words to explain this pain,” she said.

Ruchi, supported by her parents, says her life is now “hell”. Picture: Jake Nowakowski

“I lost my husband and my son, and my life is hell. I’m never going to smile again. I’m never going to live my life again.

“We were such a happy family, (I had a) loving husband. Losing them, it’s kind of like my body is here, but I’m already gone. Maybe I’m here only for Abeer.”

Dilver Parkash Sharma, Pratibha’s father, said justice had been denied for all families involved in a tragedy caused by “total negligence”.

The Sharma and Bhatia families are considering protesting against the court outcome, and could possibly go as far as attempting a hunger strike.

Close family friend and community advocate Preet Singh called for lawyers and the community to help them pursue legal action against Mr Swale.

“We’re talking about five human lives,” he said.

“We will fight for justice.”