Tycoon looked ‘wasted’ after killing five people when his BMW ploughed through a Daylesford beer garden, court told – as disturbing new details are revealed

A wealthy property magnate accused of killing five people after ramming his car into a pub’s beer garden appeared “drunk” immediately after the crash, a court has heard.

Bill Swale, 67, was charged with five counts of reckless driving causing death, two counts of negligence causing serious injury and seven counts of reckless endangering life.

Swale appeared for a preliminary hearing at Ballarat District Court in Victoria on Monday to determine whether he will face a jury in a higher court.

The court heard Swale had taken part in a shooting in nearby Clunes before driving to Daylesford, about 114 kilometres (71 miles) northwest of Melbourne’s CBD.

Deli worker Martin Hinck was one of the first to witness the horrific scene outside the Royal Daylesford Hotel on November 5 last year.

He told the court he saw Swale sitting motionless in his BMW after it came to a stop about a minute after the crash.

In his statement to police, which he read aloud in court, Mr Hink claimed that Swale looked “wasted”.

“From my recollection he was quite pale, his mouth was open and his eyes were closed,” he told the court.

William Swale is accused of repeatedly ignoring warnings to treat his low glucose levels for more than 50 minutes before the crash

Swale was represented on Monday by leading criminal defence lawyer Dermot Dann, KC.

Mr. Dann is considered one of the country’s top criminal defense lawyers and is the man responsible for clearing the name of once-convicted murderer Katia Pyliotis.

He is also currently defending former Jetstar pilot Greg Lynn.

Swale is accused of ignoring repeated warnings to treat his low glucose levels for more than 50 minutes before driving his car into families outside the Royal Daylesford Hotel.

Pratibha Sharma, 44, her daughter Anvi, 9, her partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, were all killed when Swale crashed his vehicle into the pub after what is believed to be a diabetes attack.

The court heard that Swale had been observed in an unusual way by participants in a shooting competition.

A shooter who shot with Swale that morning claimed Swale had made fun of an incident in which a teammate fell.

“If you were on the moon, you’d still fall,” Swale reportedly joked after witnessing the fall.

“It was really bizarre to say that someone falls while carrying luggage, like a firearm in a suitcase,” the witness said.

“We all helped the person to get up, but that was the comment that Mr Swale made, and it seemed quite inappropriate at the time, rather than assistance.”

Another witness claimed that Swale had made mistakes in scoring that day and looked unhappy.

“I always enjoyed doing it, but he didn’t seem to be laughing that much,” the witness told the court.

Vihaan Bhatia (bottom right) and his father Vivek (top left) died in the crash, while mother Ruchi Bhatia (top right) and brother Abeer (bottom left) were treated in hospital.

Daily Mail Australia reported last year that Swale and his wife have been buying and selling millions of dollars worth of property for years.

In November, the couple sold a home called Tower House in Kyneton for an estimated $3 million and a few years earlier they sold another property worth over $3 million called Grayton House in Woodend.

Swale was a guest on Channel Seven’s travel programme A Moveable Feast in 2017, where he showed the Grayton estate to radio presenter Ross Stevenson and co-presenter Kate Stevenson.

During an earlier hearing, the The court heard that Swale had made his fortune as an IT guru in his native New Zealand.

Mr Dann said Swale started his career selling photocopiers before making a fortune developing software for some of Australia’s largest banks and energy companies.

Bill Swale (left) appeared on a television program showcasing his wealth

During the hearing, Sergeant Peter Romanis told the court that Swale was returning from a clay pigeon shooting tournament in Clunes when he stopped in Daylesford.

Swale, who was diagnosed with diabetes in 1994, had his blood glucose checked at 5:17 p.m. It was low and a minute later an alarm sounded telling him to check his levels.

CCTV footage shows him entering a restaurant opposite the pub a few minutes later and asking for a table, but he returns to his car as there is no table available.

Swale was then seen on CCTV camera footage driving his car through the area at 5.42pm, before crashing into pub patrons at around 6pm.

The hearing continues.