Wife whose husband and son were killed in Daylesford pub garden tragedy breaks her silence – as she plans her powerful next move

A grieving widow who lost her husband and young son when a car ploughed through a beer garden feels her life has been torn apart for a second time after charges against the driver were dropped.

Vivek Bhatia, 38, and his 11-year-old son Vihaan were killed when a BMW SUV crashed into the Royal Daylesford Hotel in Victoria’s Macedon Ranges region on November 5, 2023.

The horrific crash also killed Jatin Kumar, 30, Pratibha Sharma, 44, and their nine-year-old daughter Anvi, all of whom were sitting in the outdoor dining area.

The driver, William Swale, 66, walked free last week after his case was thrown out because a judge ruled the evidence was “so weak”.

The shocking statement has led to Bhatia’s wife Ruchi speaking out for the first time.

She feels like she is grieving the loss of her husband and eldest son for the second time after ten months.

“I still don’t believe they are not with me,” Ms. Bhatia said 7 News.

“We were just having fun, we were outside, we were all together and the next thing you know they’re gone and I’ll never see them again.”

Ms Bhatia’s husband, Vivek, 38 (pictured left), and the couple’s 11-year-old son, Vihaan (pictured right), were killed when the BMW ploughed through the Royal Daylesford Hotel in Victoria in November last year.

The heartbroken wife and mother plans to protest, including a hunger strike, in an attempt to get justice.

“I lost my son and am now in prison,” said Ms. Bhatia.

Ms Bhatia and her youngest son Abeer, 9, survived the crash but spent months in hospital recovering.

Ms Bhatia suffered a broken shoulder, hip and internal injuries, while Abeer was in a coma for several days and suffered injuries to his leg.

Mrs. Bhatia cannot remember the accident, but she will never forget waking up in hospital with the news that her husband and son had died.

Although charges against Swale have been dropped, the widow has vowed her fight for justice is far from over.

“He stopped the car in the middle of the road – why did he start the engine again? I need answers to that,” Ms Bhatia said.

Father Vivek Bhatia (left) and his eldest son Vihaan (front right) died in the crash last November

The tragedy unfolded at 6.07pm on November 5 last year, when Mr Swale’s car careened down a hill and through an outdoor terrace outside the Royal Daylesford Hotel.

The victims’ families plan to take legal action against Swale and protest the court ruling.

“I want that person to spend his whole life behind bars because I am in prison now, (the one) who lost his family,” Ms Bhatia told the Herald Sun.

“He still has family. He still lives his life. What about us?”

‘I lost my child and my husband and I don’t know what to do without them and I want to ask everyone if they agree with this decision? I don’t think so.

We die every day, every minute.

Swale, a property magnate, had all 14 charges against him, including five counts of reckless driving causing death, dropped after the evidence against him was deemed “weak”.

His lawyers successfully argued that Swale suffered a “severe hypoglycemic attack” before he overshot the kerb and crashed into the historic pub.

The Public Prosecution Service argued that Swale, who has type 1 diabetes, should have known the risks involved in getting behind the wheel with low blood sugar levels.

Magistrate Guillaume Bailin said the case against Swale was flawed and there was therefore insufficient evidence to support a conviction on any of the charges.

Magistrate Bailin said the case was about whether prosecutors could prove Swale was aware of his actions and that it was therefore voluntary.

“This is a case where there is a hypothesis that is consistent with innocence, but it fundamentally weakens the case,” he said.

The 14 charges against William Swale, 66 (pictured), were dropped by the court last week after the evidence against him was branded ‘weak’

Mr Bhatia’s family expressed their frustration with the justice system outside the court last Thursday after the verdict was announced.

Ms Sharma’s heartbroken brother Vikas previously told A Current Affair that the court’s decision left them feeling like their loved ones had been murdered again.

“They killed them again today,” he said.