By Erin Pearson
There is no evidence the driver who hit and killed five people outside a pub in regional Victoria last year applied the brakes to his BMW before, during or after impact, a collision expert has told a court.
William Swale, 66, is facing a preliminary hearing charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life, after his car ploughed into patrons in Daylesford just after 6pm on November 5.
Accused Daylesford killer driver William Swale (centre) arrives at Ballarat Magistrates’ Court on Monday.Credit: Justin McManus
At Ballarat Magistrates’ Court on Monday, collision reconstruction expert Detective Sergeant Jenelle Hardiman said a lack of braking was consistent with someone being in a deeply impaired state.
The court earlier heard Swale had been an insulin-dependent type-1 diabetic since at least 1994, and there were conditions on his licence that required him to undergo medical assessments every two years.
Digital forensics expert Luke Jennings analysed data from Swale’s phone, which was equipped with a blood glucose monitoring application and connected to a device on his arm to assist with his diabetes management.
Jennings said that in the lead-up to the crash, alarms appeared on the phone indicating low readings, including one less than 3.7.
He said it was unclear if the alarms were played through the Bluetooth speaker in Swale’s car, but that the first glucose alarm on Swale’s phone appeared to be about 5.17pm, when the driver was near “the Daylesford roundabout area”, which is in front of the pub.
But Swale’s barrister, Dermot Dann, KC, said he had information that showed his client had a blood glucose reading of less than 2.2, which put Swale in the severe hypoglycemic category, as early as 5pm – more than an hour before the crash.
Swale, who is on bail, appeared in court in person seated behind Dann and next to his wife and children. Two rows behind him were family members of the victims.
On the evening of November 5, patrons were on wooden picnic tables on a grass reserve outside the Royal Daylesford Hotel – at the bottom of Albert Street, Daylesford – when CCTV footage showed Swale’s BMW fail to make a right-hand turn and drive straight across the reserve, hitting numerous patrons, killing five and seriously injuring others.
Vihaan Bhatia, 11, and his father, Vivek Bhatia, 38, died at the scene, alongside family friends Pratibha Sharma, 44, and Jatin Kumar, 30. Sharma’s nine-year-old daughter, Anvi, was taken to hospital, where she later died. Vihaan’s mother, Ruchi Bhatia, and his brother, Abeer, were seriously injured.
Vikas Sharma (centre), brother of victim Pratibha Sharma, outside Ballarat Magistrates’ Court with family members.Credit: Justin McManus
Three other people, a 43-year-old woman from Kyneton, a 38-year-old man from Cockatoo and an 11-month-old boy, were also injured.
On Monday, the court heard that in the years before the crash, a general practitioner managed Swale’s health, and Swale attended regular appointments with an endocrinologist for his diabetes.
Dr Phillip Feren confirmed test results showed that while Swale’s diabetes was largely well controlled, Swale was having hypoglycemia overnight and around meal times. Hypoglycemia was caused by low blood glucose levels, he said.
One report showed Swale’s levels were only within the target band 54 per cent of the time over a three-month period in 2021.
Vivek Bhatia (left) and his son, Vihaan Bhatia (in blue top), died at the scene, alongside friends Pratibha Sharma (in academic gown) and her partner, Jatin Kumar (right). Sharma’s daughter, Anvi, died later in hospital. Ruchi Bhatia (in yellow) and son Abeer (bottom left) were seriously injured.
A witness told the court Swale was found looking very unwell and with his eyes closed behind the wheel of his car after the crash.
Hospitality worker Martin Hinck said he was attending to a full restaurant when he heard a loud bang and then people screaming.
Hinck said he left the Winespeake Cellar and Deli and went to the crash scene, moving towards Swale’s car as it sat stationary near a roundabout. Hinck said he saw what he thought was a very unwell, possibly “wasted” man.
“He was quite flushed in colour, mouth was open and his eyes were closed,” Hinck said. “This happened literally within a minute of the accident.
Witness Martin Hinck outside court.Credit: Justin McManus.
“After that, it was more about diverting the traffic away from the roundabout.”
Before the crash, the pair had a brief interaction when Swale went into the venue looking for a seat.
“He entered the store, I spoke to him briefly, he asked for a seat,” Hinck told the court. “We 100 per cent didn’t have any seats, we were totally full. That was the extent of our conversation.
“He left. He didn’t ask for anything else. The store was extremely busy. It happens all the time – people come in and ask for a space, and we don’t have any.”
Ambulance Victoria paramedic Michael Barker attended the crash scene at 6.16pm and assessed Swale, who was still seated in his car. Barker said the 66-year-old was being helped by police but appeared semi-conscious with his eyes closed.
Barker recalled the driver was pale and sweating profusely, and a test of his blood showed his glucose level was dangerously low.
The reading of less than 1.1 millimoles per litre was so low, Barker said, there was a grave concern for Swale’s life.
Barker said he gave Swale medication and noticed the man’s mobile phone in the foot well of his damaged white car.
Hardiman, the collision expert, was asked how the vehicle could have come to a stop without braking. She said the car struck a number of gutters, which would have slowed it down.
She said that while there was no evidence of braking, the brakes could be applied without leaving evidence, such as skid marks, behind.
“The vehicle was involved in a number of impacts, which would have slowed it down,” she said. “There is no evidence of braking, but every day we drive vehicles and brake without leaving evidence.”
Swale is yet to formally enter a plea. His hearing will continue on Tuesday.
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