September 19th, 2024All charges dropped: charges against accused Daylesford crash driver dropped

A magistrate has discharged the charges against the 66-year-old accused of culpable driving following the tragic deaths of five people in Daylesford last November.

William Swale, 66, had been charged with culpable driving causing death, negligently causing serious injury and reckless conduct endangering lives over the tragic November 5 crash.

But following a three-day committal proceedings hearing that began on Monday, Magistrate Guillaume Bailin has ruled the prosecution would be unable to convict Swale if the case were to go to a trial in the Supreme Court.

During the hearing in the Ballarat Magistrates Court, barrister defending Swale, Dermot Dann argued Swale’s brain function had been affected by a hypoglycemic episode at the time of the incident.

Mr Dann said evidence pointed to Swale having entered a severe hypoglycemic episode at least an hour before the crash, with his blood glucose levels reaching their lowest point in the immediate aftermath of the crash.

On November 5 last year Swale’s SUV mounted the kerb and hit several patrons seated on the front lawn of the Royal Daylesford Hotel just after 6pm.

Pratibha Sharma, 44, daughter Anvi, 9, partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, all died.

A coronial investigation into the deaths remains ongoing.