A diabetic driver who crashed into a beer garden in regional Victoria, killing five people, has been released after a magistrate dismissed all charges against him, describing the prosecution's case as 'weak'. William Swale, 66, faced 14 charges including five counts of culpable driving causing death following the November 2023 incident at the Royal Daylesford Hotel.
The court heard that Swale, who has type-1 diabetes, suffered a 'severe hypoglycaemic attack' while driving his BMW SUV. His blood sugar levels dropped from 7.8 to 2.9 within two hours before the crash, and a paramedic later recorded a level below 1.1, indicating he was near a coma. Swale's barrister argued his client was unconscious at the time of the collision.
The crash killed Pratibha Sharma, 44, her daughter Anvi, 9, partner Jatin Kumar, 30, and friends Vivek Bhatia, 38, and his son Vihaan, 11. The prosecution argued Swale should have been aware of the risks of driving with low blood sugar, but Magistrate Guillaume Bailin found the case flawed, stating the evidence was insufficient for a conviction.
Bailin criticised the prosecution for framing the negligence period from 5.36pm, rather than earlier that day. He ruled that from that time, Swale's actions were non-voluntary due to the hypoglycaemic episode. 'No hypothesis of guilt is open given how the crown have made their case,' he said.
The magistrate acknowledged the difficulty for the victims' families, who attended court daily, noting the hearing was not about guilt but the strength of the evidence. The families of the deceased have expressed a desire for Swale to face them at an inquest, but with the criminal case dismissed, the path forward remains unclear.
