Daylesford driver who killed five ordered to appear at inquest

The driver who crashed his four-wheel drive into diners outside a Daylesford pub during a medical episode, killing five people, has been ordered to testify at an upcoming inquest after failing in his fight to remain silent.

William Swale and his legal team earlier told coroner Dimitra Dubrow that despite there being protection from his coronial evidence being used against him, he objected to testifying.

Swale’s barrister raised concerns that his client could be charged with separate offences at a later time and that giving evidence at any inquest could impact a future trial.

On Wednesday, Dubrow said she had weighed up the potential value of his evidence, public interest in the deaths of five people and the possible prejudice to Swale and was satisfied it was in the interests of justice for Swale to appear at the inquest.

Dubrow ordered Swale to give evidence before her in March.

The coroner was earlier told that at the time of the crash Swale, who has diabetes, was suffering from a hypoglycemic attack and passed out at the wheel as he drove down a hill and into a pub’s outdoor dining area.

Diners were seated at wooden picnic tables on a grassed area outside the Royal Daylesford Hotel when Swale failed to follow the right-hand bend of Albert Street and struck those on the reserve on November 5, 2023.

Vihaan Bhatia, 11, and his father, Vivek Bhatia, 38, died at the scene, alongside family friends Pratibha Sharma, 44, and Jatin Kumar, 30. Sharma’s nine-year-old daughter, Anvi, was taken to hospital, where she later died. Vihaan’s mother, Ruchi Bhatia, and his brother, Abeer, were seriously injured.

Three other people, a woman in her 40s from Kyneton, a man in his 30s from Cockatoo and a boy, then aged 11 months, were also injured.

In her written reasons, the coroner said that on the afternoon of the fatal crash, Swale had travelled to Daylesford from Clunes, where he had attended a clay target shooting range.

She said Swale, a long-term type 1 diabetic, was suffering from a severe hypoglycaemic episode at the time of the collision, about 6pm.

Swale was charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life after giving a no-comment police interview.

The charges were later dismissed after a Ballarat magistrate found there was insufficient evidence that his actions during the crash had been a conscious and voluntary act.

The coroner noted Swale maintained his right to silence during the criminal proceedings and did not give evidence in court.

In November, Swale was summoned to give evidence at the inquest but objected to doing so and sought to be excused on the grounds of self-incrimination.

The inquest is expected to examine elements, including the circumstances leading up to the fatal crash, Swale’s diabetes management and movements and outdoor dining and relevant regulations.

In handing down her decision on Wednesday, Dubrow said numerous questions remained unanswered.

“These relate to how it is that Mr Swale was able to become severely hypoglycaemic ... what food was available and where and why it was that Mr Swale did not eat ... and the administration of insulin prior to a planned meal, which it is suggested did not materialise,” she said.

“The time that food was eaten is of critical importance in understanding what occurred that day in terms of Mr Swale further administering insulin to himself with a view to eating.

“Questions further remain as to continuous glucose monitoring and how this interacts with technology. While others can give evidence about these interactions, only Mr Swale can tell the inquest what, if any, low glucose alarm he received, what, if any, symptoms he was experiencing.”

Dubrow said that without Swale’s evidence, findings about the case would remain incomplete.

The inquest is expected to begin in March.

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