Daylesford pub crash driver William Swale has charges dismissed

Charges have been dismissed against a diabetic driver who killed five people when he ploughed into a Daylesford beer garden. The victims’ grieving relatives have hit out at the decision saying “there is zero justice”.

The grieving relatives of a young dad and his son killed when a diabetic driver smashed into a Daylesford beer garden have slammed the justice system after charges were dismissed against him, revealing they plan to sue.

William Herbert Swale, 67, was suffering a severe hypoglycaemic episode when he ploughed into a beer garden and killed five people outside the Royal Daylesford Hotel on November 5 last year.

Pratibha Sharma, 44, her nine-year-old daughter Anvi and partner Jatin Kumar, 30, along with Vivek Bhatia, 38, and son Vihaan, 11, were killed in the horror crash, while several others were injured.

Mr Swale faced a three-day committal hearing at Ballarat Magistrates’ Court this week before Magistrate Guillaume Bailin on Thursday ruled the evidence against him was “so weak” that his chances of conviction were minimal.

“As such I discharge the accused on all charges,” he said.

William Swale leaves the Ballarat Magistrates’ Court. Picture: Liam Beatty

Speaking from India after the ruling, Vivek’s uncle and Vihaan’s great-uncle Mukesh Bhatia told the Herald Sun his family had suffered “unimaginable loss”.

“The acquittal of this driver has left us devastated. We feel that the (committal) was deeply unfair, and justice has not been served,” he said.

“How can someone who neglected their own medical warnings, causing the deaths of five innocent people, walk free? Our family is calling for accountability.”

While it was too early to detail specifics, Mr Bhatia said his family planned to sue Mr Swale.

“We demand justice for the lives lost, for the families shattered, and for the pain that will haunt us forever,” he said.

Investigators at the scene of the crash in Daylesford. Picture: Brandan Beckett

The scene in the beer garden at the Royal Daylesford Hotel after the horror crash. Picture: Brandan Beckett

Outside court, Mr Swale declined to comment instead standing silently beside his lawyer, Martin Amad, who said his client welcomed the decision to dismiss charges but remained “deeply distressed” by the tragedy.

“He has asked me, again, to express his deepest sympathy to the family and friends of the deceased, to those injured, to their family and friends, and to the wider community, especially those in Daylesford,” he said.

Outside court, Mr Bhatia’s relative, Rupinder Singh, who was present for the committal, said he had put his faith in the justice system for 10 months.

“I must say, there is zero justice system,” he said.

“Zero. Just zero.”

Pratibha Sharma her daughter Anvi and her partner Jatin Chugh were all killed in the crash at the Royal Daylesford Hotel.

Vivek Bhatia’s father, Ashok, said he was “really upset”.

“There’s no value of five lives,” he said.

Mr Swale had been charged with five counts of culpable driving causing death, two of negligently causing serious injury and seven counts of reckless conduct endangering life.

Prosecutors alleged he knew the risks with hypoglycaemia, including the loss of driving ability, but decided to get behind the wheel before he drove into patrons seated at picnic tables outside the pub at 6.07pm.

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

Two diabetes experts gave evidence at the committal, agreeing Mr Swale was likely in a severe hypoglycaemic state when he first started driving at 5.36pm, meaning his actions were not voluntary.

Mr Bailin said the prosecution failed to challenge the experts on parts of their evidence, and there was “no hypothesis consistent for guilt” given how they put their case.

Seated in the front row of the court beside his wife and children, Mr Swale at times bowed his head during the nearly hour-long ruling, but showed little emotion when he learnt the charges were being dismissed.

Family members of victims seated in the row behind Mr Swale did not react either.

Family of the victims outside Ballarat Magistrates’ Court. Picture: Nicki Connolly

Mr Bailin acknowledged legal proceedings had been “emotionally charged”, as he paid tribute to family members of both the accused and victims for carrying themselves with resilience and dignity in court.

He said the hearing’s ­“dispassionate focus” on the legal test upon which he had to rule was “in no way meant to reflect a disrespect or lack of acknowledgment of what those in court and online may be experiencing”.

Mr Swale’s diabetes physician for nearly 30 years, Matthew Cohen, described him as a “model patient” who had only ever missed one appointment.

The court heard a continuous blood monitoring device recorded Mr Swale’s blood-glucose levels dropping from 7.2 millimoles per litre – within the normal range – to 2.9 mmol in a 20-minute window about an hour before the crash.

CCTV images capture Mr Swale before the crash. Picture: Magistrates’ Court of Victoria.

After the second reading, Mr Swale allegedly received the first of several phone alerts at 5.18pm that his blood-glucose levels were low.

At 5.22pm, he went into Winespeake Cellar + Deli but left immediately because no tables were available.

He began driving again at 5.36pm and six minutes later his BMW SUV was recorded on CCTV sitting motionless in the middle of the road outside Daylesford bowls club, forcing other motorists to go around.

It took him a further 23 minutes to travel about 300m before he failed to negotiate a turn and ploughed into the beer garden.

When he was assessed by paramedics after the crash, the court heard a blood-glucose reading of 1.1 mmol was taken and Mr Swale was “virtually close to death”.

The court heard Mr Swale’s legal costs would be paid by the Chief Commissioner.

Originally published as Daylesford pub crash driver William Swale has charges dismissed