September 25th, 2024Prosecutors review decision to drop pub crash charges
Victorian prosecutors will “carefully review” a magistrate’s decision to dismiss all charges against William Swale, the diabetic driver accused of causing the fatal Daylesford crash that killed five people last November.
Swale had been charged with five counts of culpable driving causing death, two counts of negligently causing serious injury, and seven counts of reckless conduct endangering life.
William Herbert Swale, 66, successfully fought to have the charges against him dropped last week, with defence counsel arguing the prosecution could not prove his decision to get behind the wheel was made consciously and voluntarily.
Defence barrister Dermot Dann KC argued the crash was the result of a medical episode and the prosecution had failed to prove his client was aware of what he was doing.
Last Thursday in the Ballarat Magistrates Court Magistrate Guillaume Bailin agreed, determining that no reasonable jury could convict him and directing that all charges against Swale be dropped.
But families of those killed in the tragedy say the magistrate’s decision to drop all charges against the driver has left them questioning the justice system.
And in a statement, Victoria’s Office of Public Prosecutions has now said that Mr Bailin’s judgment will be reviewed and next options considered.
“The Office of Public Prosecutions acknowledges the decision of Magistrate Guillaume Bailin not to commit Mr William Swale for trial over the tragic crash in Daylesford last year,” an OPP spokeswoman said.
“As is the usual course, His Honour’s decision will be carefully reviewed in accordance with prosecution guidelines with a view to considering whether the matter should nonetheless proceed to trial.
“Our Office reiterates its deepest sympathies to the victims injured in this tragic event, and all the families of those who lost their lives.”
Under the criminal procedure act, prosecutors have powers to file charges directly in a superior court if a magistrate dismisses a case in what’s known as a direct indictment.
