Daylesford crash victim’s brother slams ruling that driver won’t face more charges

The brother of a woman killed alongside her young daughter when a diabetic driver crashed into a Daylesford beer garden says the fact he won’t face further criminal action has “killed us even more”.

The brother of a woman killed alongside her young daughter when a car smashed into a Daylesford beer garden says his family feel like “second class citizens” after prosecutors refused to take any further criminal action against the diabetic driver.

Vikas Sharma said a decision by prosecutors on Friday to abandon any further court action against William Swale had “killed us even more” after his sister Pratibha, 44, and her daughter Anvi, 9, were killed at the Royal Daylesford Hotel on November 5 last year.

The mother and daughter were among five victims who lost their lives in the horror crash, which also killed Ms Sharma’s partner, Jatin Kumar, 30, Vivek Bhatia, 38, and his 11-year-old son Vihaan.

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

Mr Swale had his charges dismissed in the Ballarat Magistrates’ Court last month after it was deemed there was insufficient evidence to commit him for trial because he may have been suffering a hypoglycaemic episode when he ploughed into the beer garden.

There was hope the Director of Public Prosecutions might review the case and directly indict Mr Swale, bypassing the lower Magistrates’ Court and taking the matter 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 her daughter Anvi and her partner Jatin Chugh were all killed.

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

Speaking to the Herald Sun one year on from the tragedy, Ms Sharma’s brother Vikas said his family felt like “second class citizens”.

“After Friday’s decision, we are feeling very bad and disappointed,” he said.

“Friday’s decision has killed us even more and the police’s attitude has kept us in the dark from the very first day.

“The court, the police and Friday’s decision have made us realise this. We are second class citizens in this country, Australia.”

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

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”.

“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.”

Ruchi Bhatia and abeer today. Picture: Jake Nowakowski

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.”

It comes as the broader Daylesford community will hold a commemoration at Royal Daylesford Hotel on Tuesday.

Hepburn Shire chief executive Bradley Thomas said the tragedy had left a “lasting impact”.

“This tragedy has forever changed our community, but it has also brought us closer, showing the power of unity, compassion, and resilience,” he said.

“This gathering serves as a reminder that the bonds of community can provide comfort and support even in times of immense tragedy.”

Originally published as Daylesford crash victim’s brother slams ruling that driver won’t face more charges