Diabetic driver William “Bill” Swale granted bail over Daylesford pub tragedy: Watch video

A diabetic driver accused of failing to treat his low blood sugar levels when he ploughed into the beer garden of a Daylesford pub killing five people has been released from prison. Watch the video.

A diabetic driver accused of failing to treat his low blood sugar levels when he ploughed into the beer garden of a Daylesford pub killing five people has been released from prison.

William Herbert Swale, 66, appeared in Melbourne Magistrates’ Court on Friday charged with culpable driving causing death over allegations he ignored phone alerts that his blood-glucose levels were low in the lead-up to the November 5 crash.

He was granted bail, leaving Melbourne Assessment Prison just before 7.30pm on Friday.

Accompanied by family members, Mr Swale refused to comment as he got into a black car on La Trobe Street.

Mr Swale, who had been in custody since Monday, refused to comment as he left the prison.

In arguing for bail, Mr Swale’s lawyer Dermot Dann KC said the prosecution case was “weak” and his client had been a “model patient” in managing his diabetes.

Mr Dann highlighted other cases of accused people granted bail while facing serious driving-related charges, such as Robert Farquharson who stood trial and was convicted of murdering his three sons by driving them into a dam.

William Swale has been charged with five counts of culpable driving causing death. Picture: Jake Nowakowski

Mr Swale’s lawyer said the prosecution case was “weak”. Picture: Jake Nowakowski

“We say this man is miles away, worlds apart,” Mr Dann said.

“There’s never been a prosecution case like this.”

He listed more than a dozen reasons why Mr Swale, from Mount Macedon, deserved bail, including family support, surety, vulnerability in custody because of his condition and publicity around the case and his compliance with bail conditions such as a driving ban.

The New Zealand-born retiree, who was diagnosed with diabetes in 1994, appeared in court via video link from Melbourne Assessment Prison, while his family, including his wife and two adult children, were seated in court behind his lawyers.

Mr Swale was granted bail, leaving Melbourne Assessment Prison just before 7.30pm on Friday. Picture: Jake Nowakowski

He was accompanied by family members. Picture: Jake Nowakowski

Mr Swale refused to comment as he got into a black car on La Trobe Street. Picture: Jake Nowakowski

The court heard Mr Swale’s endocrinologist described him in a medical report as an excellent patient who had missed only one appointment in 29 years.

Prosecutors did not oppose the application and magistrate Brett Sonnet granted bail with a $250,000 surety and conditions including he not drive, not attend any international departure points and not contact witnesses involved in the case.

The court heard Mr Swale had already surrendered his passport.

In granting bail, Mr Sonnet accepted defence submissions about his family support and health but disagreed the prosecution case was weak.

“I regard these offences as very serious,” he said.

In the hour before the crash, police allege Mr Swale received and ignored nine notifications from a mobile phone app that alerted him when his blood glucose levels were too high or too low.

Vicky Sharma, brother of Pratibha Sharma, who was killed in the crash was outside court. Picture: Luis Enrique Ascui

Pratibha Sharma, from Point Cook, her nine-year-old daughter Anvi, and Sharma’s partner Jatin Chugh were all killed in the tragic incident outside the Royal Daylesford Hotel, along with Vivek Bhatia and his 11-year-old son, from Tarneit.

Three others were injured including a 43-year-old woman from Kyneton, a 38-year-old man from Cockatoo and an 11-month-old boy.

Family and friends of the victims were seated in court and immediately walked out when Mr Sonnet granted bail.

Outside court, family friend Imran Kurd said he was angry with the decision but would let justice run its course.

“I know it’s just the start but (the) sadness is he should not ... walk free,” he said.

Vicky Sharma, the brother of Pratibha, said: “We didn’t expect this and everybody’s very upset with that.”

The court previously heard Mr Swale had a lengthy history of “excessive speeding” including 32 fines and one criminal offence.

Mr Swale, who had been in custody since he was charged on Monday, is facing five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life

He will face Ballarat Magistrates’ Court on April 18.