How multimillionaire real estate tycoon and Daylesford pub crash driver faces a massive blow to his wealth if found guilty
A property magnate involved in a horror crash that killed five people and injured seven others will face a huge blow to his finances if he is found guilty and alleged victims file civil proceedings against him.
Bill Swale, 66, a diabetic, is accused of ignoring repeated warnings to treat his low glucose levels for more than 50 minutes before his car plowed into families outside the Royal Daylesford Hotel on November 5.
He was released on bail on Friday, where he was expected to retire to the serene surroundings of his Mount Macedon complex.
Bill Swale, 66, allegedly drove his car through a group of diners in what his lawyer says was a 'tragic accident'
On Monday, Swale was charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life.
He was taken into custody and initially locked up in the cells of the Melbourne West Police Station before being transferred to the dreaded Melbourne Assessment Prison.
While Swale was represented by barrister Martin Amad at his first bail hearing in the Melbourne Magistrates' Court on Monday, High-profile criminal lawyer Dermot Dann, KC, had taken over his defense on Friday morning.
Mr Dann is considered one of the country's top criminal defenders and the man responsible for clearing the name of once convicted murderer Katia Pyliotis.
He is also currently defending former Jetstar pilot Greg Lynn, who is accused of killing secret campers Russell Hill and Carol Clay.
Mr Dann's legal bill is likely to run into the hundreds of thousands of dollars if the case proceeds to trial in the County Court as expected.
It is understood that Mr Dann is often paid sums of just under $7,000 per day for an appearance at the County Court.
But win or lose, Swale is facing civil action from the survivors and families of those who died in the devastating crash.
George Balot's high-profile criminal lawyer, Balot Reilly Criminal Lawyers, said the right to initiate civil proceedings is not affected by ongoing criminal proceedings.
“It does not waive or affect the right of any person to recover damages for any expense or other matter to the extent not satisfied by the payment or recovery of compensation,” he told Ny Breaking Australia.
Bill Swale made his fortune developing software for major companies
One of the Swale mansions he sold for an estimated more than $3 million
Mr Balot said criminal proceedings for guilty driving often take more than 18 months to two years before they reach the County Court of Victoria.
“Contesting a criminal case is a costly process when briefing a King's Counsel,” he said.
'A basic estimate of the costs of a King's Counsel for a week's hearing at the Magistrates' Court, where the evidence is tested by the defence, in addition to the ten to twelve days of a contested trial, excluding lawyers' costs, would be : of more than $150,000.'
Mr Balot said the tragic deaths and injuries are also likely to be subject to huge claims from the TAC (Transport Accident Commission), which is funded by registration fees imposed on Victorian motorists.
'As far as material damage is concerned, third party liability insurance covers loss and damage to property. If (Swale) does not have these, he will pay a heavy price in the loss of property,” Mr Balot said.
Ny Breaking Australia revealed on Tuesday that Swale had lived a carefree life for years among the picturesque trees of the Macedon Ranges.
Less than an hour from Melbourne, the region is known for its stunning hinterland vistas, undulating landscapes, breathtaking heritage gardens, wineries and cool-climate craft gins.
Swale and his wife Thea had been buying and selling multi-million dollar properties in and around the region for years.
This property in Woodend was featured in a television programme
In November the couple sold a house titled Tower House in Kyneton for an estimated $3 million, and several years earlier sold another property worth more than $3 million called Grayton House in Woodend.
Swale appeared on Channel Seven's travel show A Moveable Feast in 2017, where he showed the Grayton estate to radio presenter Ross Stevenson and co-presenter Kate Stevenson.
Swale has been a member of the Cobaw Sporting Club – a shooting club from the Macedon Ranges where hunters undertake escapes similar to those of British gentlemen.
Images on social media show members arriving at hunts in limousines and posing with dead birds while dressed in the finest British hunting gear.
The director of public prosecutions could also limit his ability to sell his properties unless he is acquitted of the charges.
“In Victoria, the Crown Prosecution Service may apply under the Confiscation Act 1997 to seize an offender's property to comply with a compensation order that might be made under the Sentencing Act 1991, Part 4,” it said Mr Balot.
“If restrained, the offender will be unable to handle or dispose of the property until he is acquitted of the charges or, if found guilty, the claim for damages is determined.”
On Friday, Swale appeared in the prison green of the Melbourne Assessment Prison.
The prison is known among the criminal fraternity as a 'hell hole' where prisoners go to await trial.
Swale spent five days behind bars before being released on Friday afternoon.
This property in Kyneton was sold by Swale in March this year
The Woodend estate sold by the Swale family
Before his release, the court heard new details about how New Zealand-born Swale made his fortune.
Mr Dann said Swale migrated to Australia in 1979, when he was 22 years old, after completing a Bachelor of Science degree.
Upon arriving in Australia, Swale got a job selling photocopiers before making the leap into the information technology industry.
The court heard Swale made software for the medical industry, which supported doctors' clinics and hospitals for a decade.
His next job saw him work as an account manager at a software company servicing banks, including NAB and a number of New Zealand institutions.
After 15 years in that role, he moved to yet another IT company that specialized in serving energy companies.
“We say he has a very good record. He has been very successful,” Dann told the court.
At the time of the Daylesford crash, Swale was enjoying his retirement among the hills of Mount Macedon.
Swale had been returning from a clay shooting tournament in Clunes when he stopped in Daylesford on the day of the crash.
Bill Swale (left) appeared on a television program showcasing his wealth
The court heard that despite his life of luxury, Swale had repeatedly broken the law in his adopted country.
Mr Dann admitted Swale had a long history of speeding offences, including 32 fines and a one-month driver's license suspension 34 years ago.
In arguing for Swale's release on bail, Dann boasted that his client's family could provide a bail bond of half a million dollars.
But when Magistrate Brett Sonnett asked Swale's wife to collect the money, Mr Dann's outsider changed his tune.
“It is not pressed on your honor by either side,” Mr. Amad said.
“All I can say about that is there are no allegations (he will flee the country).”
When Mr Sonnett raised the point, Mr Amad said Swale's wife would struggle to get the money.
“Would your honor consider $200,000?” asked Mr. Amad.
“$250,000,” Mr. Sonnett replied.
“Deal,” was the answer.
Swale will appear in court again in April next year.
Dermot Dann QC took over the bail application for Swale on Friday
High-profile criminal lawyer George Balot, of Balot Reilly Criminal Lawyers, believes victims could target Swale's wealth