Explosive ruling on driver who crashed BMW into crowded beer garden in horrific crash that killed five people, magistrate hears court

A diabetic driver who crashed into a beer garden killing three adults and two children will walk free from court after all charges against him were dropped.

William Swale, 66, faced a three-day preliminary hearing this week in Ballarat Magistrates Court as he contested 14 charges, including five counts of culpable driving causing death, over the November 2023 fatal crash.

The type 1 diabetic, who was diagnosed in 1994, claimed he suffered a “severe hypoglycaemic attack” while driving his white BMW SUV when he crashed into customers outside the Royal Daylesford Hotel.

Swale stepped onto the pavement and killed five people sitting in the pub’s beer garden: Pratibha Sharma, 44, her daughter Anvi, 9, and her partner Jatin Kumar, 30, and their friend Vivek Bhatia, 38, and his son Vihaan, 11.

Diabetes experts, police, paramedics and a witness who found Swale sitting behind the wheel looking “disorganised” a minute after the crash all gave evidence.

Magistrate Guillaume Bailin concluded on Thursday that the prosecution’s case was flawed and there was insufficient evidence to support a conviction on any of the 14 charges.

In delivering his decision, the judge sharply criticised the way the Crown had presented its case against Swale.

“The evidence is so weak that the prospects of conviction are minimal,” he told the court.

His lawyer, Dermot Dann KC, asked the court to throw out the entire case against Swale because his client was unconscious at the time of the collision having suffered a “severe hypoglycaemic attack”.

But prosecutor Jeremy McWilliams said Swale was a long-term diabetic who should have been aware of the risks of his blood sugar levels dropping when he got into the car to drive.

Mr Bailin dismissed all prosecution charges against Swale, who will walk free from court.