Huge call on fatal pub crash driver William Swale after wealthy tycoon had his charges dropped over crash that killed five and injured six

Victorian prosecutors have ruled out direct charges against William Swale after charges over a horrific, fatal pub crash were dismissed out of court.

The 66-year-old was charged with driving offenses after his BMW SUV plowed through a beer garden outside the Royal Daylesford Hotel on November 5, 2023.

Five people were killed in the crash and six others were injured.

Mr Swale, who has had type 1 diabetes for 30 years, was found in a state of severe hypoglycaemia after the crash.

Mr Swale successfully fought to have the charges dismissed at a hearing in the Ballarat Magistrates’ Court in September, where a magistrate ruled the evidence was “so weak” that no reasonable jury could convict.

Following the decision, Victoria’s Crown Prosecution Service said they would review the case and consider whether it should go to trial.

Under the Criminal Procedure Act, prosecutors have the power to bring charges directly to a higher court if a magistrate dismisses a case in what is known as a direct charge.

On Friday, the Public Prosecution Service published a statement announcing that no immediate charges will be filed.

Vivek Bhatia and his eldest son died in the crash. His wife Ruchi Bhatia and his youngest son were injured but survived (the Bhatia family is in the photo)

Five people died in the crash and six others were injured (photo, police on scene)

“The experts’ evidence on this point effectively deprived the Crown case of reasonable prospects of success,” the statement said.

“This decision has been announced and explained to the victims and the victims’ families.

“We understand that this is not the outcome they were hoping for and acknowledge that they have been deeply affected by this event.

“We extend our condolences to everyone affected by this terrible incident.”