No more criminal action for diabetic driver who crashed into Daylesford pub

A diabetic driver who crashed into a beer garden killing five people will not face any further criminal action over their deaths after prosecutors ruled out any chance of taking him to court again.

Daylesford killer driver William Swale will not face any further criminal action over the deaths of five people after prosecutors ruled out any chance of taking him to court in the future.

The diabetic driver had his charges dismissed in the Ballarat Magistrates’ Court last month, shattering the victims’ families who said there was “zero justice”.

His dismissed charges came after the court found there was insufficient evidence to commit Mr Swale for trial because the type-1 diabetic may have been suffering a hypoglycaemic episode when he ploughed into the beer garden outside the Royal Daylesford Hotel, in November last year.

William Swale will not face any further criminal action over the deaths of five people. Picture: Andrew Henshaw

Investigators at the Royal Daylesford Hotel after the crash. Picture: Brandan Beckett

There was some hope the Director of Public Prosecutions might review the case and decide to directly indict the 67-year-old, bypassing the lower Magistrates’ Court and taking the case straight to trial in the County or Supreme courts.

But the DPP on Friday announced that after a review of the Crown case, “the decision has been made that a direct indictment will not be filed”.

Pratibha Sharma, 44, was killed in the crash along with her daughter Anvi, 9, and partner Jatin Kumar, 30, along with Vivek Bhatia, 38, and son Vihaan, 11.

Pratibha Sharma her daughter Anvi and her partner Jatin Chugh were all killed.

Vivek Bhatia and his 11-year-old son were killed killed, while his wife Ruchi and six-year-old son were injured but survived. Picture: Facebook

Several other victims were injured.

In a statement, prosecutors noted that the magistrates’ court found there was insufficient evidence against Mr Swale following expert evidence that implied he was “so impaired throughout the relevant period as to be incapable of acting consciously”.

Ruchi Bhatia and abeer today. Picture: Jake Nowakowski

Vikas Sharma holds a photo of his sister. Picture: David Caird

“The experts’ evidence on this point effectively deprived the Crown case of reasonable

prospects of success,” the statement read.

“Consideration has been given to directly indicting Mr Swale on the charges filed.

“Having now conducted a review of the Crown case the decision has been made that a direct indictment will not be filed.”

The OPP said its decision had been conveyed to the victims’ families.

“We understand that this is not the outcome they were hoping for and acknowledge that they have been profoundly affected by this event,” the statement read.

“We extend our sympathies to all who have been impacted by this terrible incident.”