How an insulin-dependent diabetic who killed five people in the tragic Daylesford crash treated his condition will determine whether he is charged, a court has heard.
Five members of two young families were killed and an 11-month-old baby was injured when a BMW SUV drove through a crowded pub beer garden outside the historic Royal Daylesford Hotel, about a 90-minute drive northwest of Melbourne, in November. 5.
On Wednesday, the Victoria District Court agreed to adjourn the investigation into the tragedy to allow Victoria Police to complete its investigation.
A police officer removes a pram from the Daylesford pub where five people were killed
The 66-year-old Mount Macedon man who drove the car that plowed through the beer garden gave a negative alcohol reading at the scene and was released after being interviewed by detectives.
The man’s lawyer, Martin Amad, confirmed at the time that the horror incident was caused by a medical episode.
Detective Inspector Peter Romanis of the Major Collision Investigation Unit told the court the investigation was still in its early stages.
“MCIU investigators are investigating the extent to which the driver’s medical condition – diabetes – was a factor in the collision … as well as issues relevant to the driver’s medical condition that could impact his ability to drive,” he said .
The court heard detectives were also working to establish whether the location of the beer garden, which was on land believed to be operated by Hepburn Shire Council, was legal.
“Concerning the public safety concerns, MCIU investigators are gathering evidence relevant to the location of the outdoor seating area and the public safety conditions that occurred,” he said.
Detectives are in the process of contacting up to 140 witnesses in an attempt to gather statements and further evidence.
‘Decisions on whether charges will be filed have not yet been made. It is not possible at this stage to provide an estimated timeline on how long that process will take,” Sergeant Romanis said.
How the tragic incident happened
The court heard that detectives remained unclear about who owned the grassy plot of land outside the pub where the tragedy occurred.
“This lawn is used by the hotel as a service area, but we believe it is municipal land, but we are still determining that,” Sergeant Romanis said.
Just days after the crash, Hepburn Shire Council CEO Bradley Thomas told Ny Breaking Australia the lawn outside the Royal Daylesford Hotel was council-managed public land.
“Given its central location it is a popular area for picnics, events and outdoor dining, with the area having been used by Royal Daylesford Hotel customers and the community for many years,” he said in a statement to Ny Breaking Australia.
Mr Thomas said additional furniture had been placed on the lawn during the Covid-19 pandemic to provide ‘greater outdoor dining opportunities’.
Some have questioned the location of the beer garden where the crash occurred
Mr Thomas said outdoor dining would remain part of the shire despite the tragedy.
“However, as with any major incident, an investigation and review will be carried out and if recommendations are made, they will be carefully considered,” he said.
Family members of the victims Pratibha Sharma, her husband Jatin Chugh, and daughter Anvi, Vivek Bhatia and his son Vihaan were in the court for the brief hearing on Wednesday.
Coroner Katherine Lorenz acknowledged their presence in court and the hardships they all endured.
“It has been a terrible loss for your families, your communities and for the community as a whole it is a sad and tragic outcome of what was a very enjoyable day out for those people,” she said.