William Swale to face six-day committal hearing over fatal Daylesford pub crash

The diabetic driver whose car fatally ploughed into a beer garden at a Daylesford pub will face a committal hearing in September.

The diabetic driver at the centre of the Daylesford pub crash tragedy has been ordered to appear for a six-day committal hearing in a development that could see the case escalate to the higher courts, and even to a trial.

William Herbert Swale, who is charged with five counts of culpable driving causing death, appeared remotely before Ballarat Magistrates Court on Thursday wearing glasses and a white collared shirt.

He is also charged with two counts of negligent driving causing serious injury and seven counts of recklessly engaging in conduct that put people in danger of death.

Magistrate Michelle Mykytowycz extended the length of Mr Swale’s committal, which was originally meant to run for four days, and emphasised she wanted the hearing to “run to its conclusion”.

It has now been scheduled to take place from September 16 to 23.

“I’m adamant that it shouldn’t go beyond September given the serious nature of the charges and the allegations here,” Magistrate Mykytowycz said.

William Herbert Swale appeared before Ballarat Magistrates Court on Thursday. Picture: Jake Nowakowski

“The material contained in the hand up brief in my view is of sufficient weight to support a conviction for the offence in which the accused is charged.

“I’m also confident a fair trial could take place if the matter proceeds to trial.”

About 13 witnesses, including experts, are expected to give evidence in the hearing.

The magistrate initially expressed concern over the hearing’s date and asked if the matter could be brought forward to July, however it was put to her by the prosecution that witnesses would be unavailable.

“We have a number of deceased, we have a number of (the) deceased families and the community more broadly, it’s in the interest that this matter proceeds as soon as it is possible,” she said.

Mr Swale only spoke briefly to confirm he could hear the proceedings and thank the magistrate after she confirmed she had extended his bail.

“I thank you for granting that,” he said.

Daylesford pub car crash victims Vivek Bhatia and his eldest son Vihaan.

His lawyer Martin Amad opposed the granting of materials to the media.

“The alleged facts are not agreed, questions of admissibility have not yet been considered, the accused has not yet had any opportunity to test the evidence,” Mr Amad argued.

“It would be premature for such information ... to be released.”

Mr Swale had a slight frown and appeared to be blinking rapidly as the court discussed the high degree of media and public interest in his case.

Family members of the deceased did not appear in court, but prosecutor Jonathan McCarthy noted some loved ones would be tuning in remotely.

Pratibha Sharma her daughter Anvi and her partner Jatin Chugh were all killed when a car drove through a beer garden at Daylesford's Royal Hotel.

Police charged Mr Swale in December last year after his BMW ploughed into the beer garden of Royal Hotel where patrons were enjoying the unofficial Melbourne Cup long weekend.

The crash killed Pratibha Sharma, 44, her nine-year-old daughter Anvi, her partner Jatin Kumar, 30, and also Vivek Bhatia, 38, and his 11-year-old-son Vihaan, on November 5.

Bhatia’s wife and younger son were injured and taken to hospital.

Detective Sergeant Peter Romanis told the court in December that Mr Swale ignored nine phone alerts prompting him to check his blood glucose levels, some of which went off moments before the fatal collision.

The court heard that the Mount Macedon man had been diagnosed with insulin-dependent type one diabetes in 1994.

The Royal Daylesford Hotel in the aftermath of the fatal crash late last year. Picture: NCA NewsWire/Brandan Beckett

“Causation of the collision can be attributed to the accused’s failure to treat his low blood glucose levels as detected by him at 5:17pm,” Detective Sergeant Romanis told the court last year.

“The accused received and ignored a further eight mobile phone alerts. His decision to return to his vehicle and continue to drive whilst knowing his blood glucose levels were low, and without sourcing the required treatment, has caused catastrophic and fatal consequences.”

Mr Swale has been issued with 32 driving penalty notices in the past, mostly for excessive speeding, with the latest fine handed to him in August last year.

He was granted bail after his son paid a $250,000 surety.