Property Developer Details Alcohol Intake Before Fatal Pub Crash During Coroner's Inquest
Wealthy property tycoon Bill Swale has been compelled to give evidence at the Coroner's Court of Victoria, where he revealed he consumed champagne and beer before a catastrophic diabetic seizure led to a vehicle crash that killed five people. The 59-year-old had fought to avoid testifying at the inquest into the November 2023 tragedy, fearing his testimony might result in renewed criminal charges.
Forced Testimony After Failed Legal Challenge
In January, Coroner Dimitra Dubrow ordered Swale to appear as a witness, overriding concerns from his legal team about potential prosecution. Swale's barrister, Dermot Dann KC, had argued that his client should be excused from giving evidence, despite assurances of indemnity against prosecution. The coroner ruled that Swale's testimony was essential for a thorough investigation.
'Without Mr Swale’s evidence, findings as to circumstances remain significantly incomplete and mean that the opportunity to make recommendations to prevent such an occurrence from happening again that are anything more than general is limited,' Coroner Dubrow stated. 'In turn such general recommendations risk being ineffectual from a prevention perspective.'
Details of the Fatal Incident and Legal Proceedings
The tragedy occurred on November 5, 2023, when Swale was driving home from a two-day clay shooting competition in Clunes. His BMW X5 veered into an outdoor dining area at the Royal Daylesford Hotel around 6pm, resulting in the deaths of five individuals:
- Pratibha Sharma, 44
- Her daughter Anvi, 9
- Her husband Jatin Kumar, 30
- Family friend Vivek Bhatia, 38
- His son Vihann, 11
Swale initially faced five counts of culpable driving causing death, two counts of negligently causing serious injury, and seven counts of reckless conduct endangering life. However, the criminal case was dismissed after a magistrate determined that evidence proving fault, rather than a medical episode, was insufficient for a likely conviction.
Swale's Testimony About Alcohol and Medical Condition
During his compelled testimony, Swale disclosed that he had enjoyed a glass of champagne with fellow shooters before the incident, accompanied by Shepherd's Pie, followed by beer later that afternoon. He could not recall the specific type of beer but believed it was likely mid-strength. Notably, toxicology tests conducted after the crash found no alcohol in his system.
Swale asserted that alcohol typically had minimal impact on his glucose levels, stating, 'It doesn't make a dramatic difference.' He also reported no memory of being parked on a road outside a bowls club, visiting a wine bar, or the crash itself, describing feeling 'very hazy and that it was dark as if it was 10 o'clock at night.'
Medical Evidence and Prosecution's Decision
In November 2024, Victoria's Director of Public Prosecutions, Brendan Kissane KC, explained that charges against Swale were dropped due to expert medical testimony. Two specialists indicated that Swale, a long-term type 1 diabetic, might have been experiencing a severe hypoglycaemic episode before the collision, potentially rendering him incapable of conscious action.
'The implication of this evidence was that it was possible Mr Swale was so impaired throughout the relevant period as to be incapable of acting consciously,' Kissane said. 'The experts’ evidence on this point effectively deprived the Crown case of reasonable prospects of success.'
Aftermath and Ongoing Inquest
CCTV footage presented in court showed Swale parked in the middle of a road near a bowls club shortly before the crash, eventually performing a U-turn and nearly colliding with another vehicle on Albert Street. The court also heard that Swale had fruit and nuts in his car but did not consume them despite feeling unwell, and he reported no alarms from his devices indicating critical blood sugar levels.
Swale has since relocated approximately 200 kilometers from his previous home in Mount Macedon to Korumburra in Victoria's east, near the former residence of mushroom killer Erin Patterson. When approached by media, Swale refused to explain his move or address concerns from the victims' families, simply stating, 'Go away,' and turning his back on further questions.
The inquest, where Swale was the first witness called, is anticipated to continue for two weeks, aiming to uncover comprehensive details and formulate preventive recommendations.
