Bombshell decision on driver who ploughed his BMW through a packed pub beer garden killing five people in horror crash – as magistrate unleashes in court
A diabetic driver who drove into a beer garden, killing three adults and two children, will walk free after all charges against him were dropped.
William Swale, 66, faced a three-day hearing in Ballarat District Court this week, where he fought 14 charges, including five counts of reckless driving causing death, in connection with the fatal crash in November 2023.
The Type 1 diabetic, who was diagnosed in 1994, claimed he suffered a “severe hypoglycemic attack” when he crashed his white BMW SUV into guests outside the Royal Daylesford Hotel.
Swale drove over a kerb, killing five people sitting in the pub’s beer garden: Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, and their friend Vivek Bhatia, 38, and his son Vihaan, 11.
Diabetes experts, police, paramedics and a witness who saw Swale driving “drunk” within a minute of the crash all gave evidence.
Judge Guillaume Bailin ruled Thursday that the indictment was flawed and that there was not enough evidence to warrant a conviction on any of the 14 charges.
In delivering his verdict, the magistrate was highly critical of the way the Public Prosecution Service had presented the case against Swale.
“The evidence is so weak that the chances of a conviction are minimal,” he told the court.
William Swale (pictured on Monday) faced a three-day preliminary hearing in Ballarat District Court this week, where he fought 14 charges, including five counts of reckless driving causing death, in connection with the fatal November 2023 crash.
Pratibha Sharma, her daughter Anvi and her partner Jatin Kumar were all murdered
Relatives are seen laying flowers outside the Royal Hotel in Daylesford in November 2023
His lawyer, Dermot Dann KC, asked the court to dismiss the entire case against Swale, on the grounds that his client was unconscious at the time of the collision due to a ‘severe hypoglycaemic attack’.
But prosecutor Jeremy McWilliams said Swale was a long-term diabetic and should have been aware of the risks of falling blood sugar levels when he got into the car to drive.
Mr Bailin has withdrawn all charges against Swale. Swale will be released by the court.