A property developer who killed five people when his BMW ploughed into a pub beer garden has been compelled to face his victims' families in court after refusing to cooperate with a coronial investigation.
The Daylesford Tragedy and Failed Prosecution
Bill Swale, 68, was behind the wheel in November 2023 when he suffered a severe diabetic episode, causing his SUV to veer into the outdoor seating area of the Royal Daylesford Hotel, 100km north of Melbourne. The horrific crash claimed the lives of Pratibha Sharma, 44, her nine-year-old daughter Anvi, her partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his 11-year-old son Vihaan.
Swale initially faced five counts of culpable driving causing death, alongside multiple charges of negligently causing serious injury and reckless conduct endangering life. However, the criminal case against him was discharged last year after a magistrate found the evidence was weak and a conviction unlikely.
A Refusal to Cooperate and a Court Order
With the criminal proceedings concluded, the Coroners Court of Victoria resumed its investigation, aiming to examine safety measures for pub patrons and driving practices for type 1 diabetics. Counsel Assisting the Coroner, Rishi Nathwani KC, revealed that statements had been sought from over 60 witnesses, but Swale had steadfastly refused to provide any cooperation.
It is understood Swale is refusing on the grounds that he might incriminate himself, a stance the court frequently encounters. Coroner Dimitra Dubrow has now issued a direct order, mandating that Swale must appear in person at the Coroners Court of Victoria on December 16 to formally ask to be excused from giving evidence.
Seeking Answers and Preventing Future Loss
The scheduled two-week inquest in March next year will scrutinise critical issues, including:
- Glucose monitoring and education for diabetic drivers.
- Public awareness campaigns regarding medical driving conditions.
- Safety provisions for outdoor dining areas.
Data presented in earlier hearings showed Swale's blood-glucose levels dropped dangerously low in the hour before the crash, with his device issuing ten consecutive alerts. Diabetes experts agreed he was likely in a severe hypoglycaemic state, where actions are not voluntary, when he resumed driving.
The families of the victims have expressed profound distress at Swale's lack of engagement. Mukesh Bhatia, uncle to Vivek and great-uncle to Vihaan, labelled the refusal "shameful," stating Swale had "spoiled the lives of three families" while living freely. Swale, who has since relocated 200km from his previous home, previously told the Daily Mail to "go away" when questioned about his lack of cooperation.
The coronial process continues, seeking not to assign criminal blame but to understand the circumstances fully and recommend changes to prevent such a tragedy from ever happening again.
