Victorian prosecutors have ruled out charging William Swale directly after charges over a horrific fatal pub crash were dismissed by the courts.
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 died and six others were injured in the accident.
Swale, who suffered from type 1 diabetes for three decades, found himself in a state of severe hypoglycemia after the accident.
Swale successfully fought to have the charges dismissed during a committal hearing at Ballarat Magistrates Court in September, where a magistrate ruled the evidence was “so weak” that no reasonable jury could convict him.
Following the decision, the Victorian Crown Prosecution Service said they would review the case and consider whether it should nevertheless proceed to trial.
Under the criminal procedure law, prosecutors have powers to bring charges directly to a higher court if a magistrate dismisses a case in what is known as a direct indictment.
On Friday, the Public Ministry published a statement announcing that no direct accusation will be presented.
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 last year.
Vivek Bhatia and his elder son died in the accident. His wife Ruchi Bhatia and youngest son were injured but survived (Bhatia family pictured)
Five people died in the accident and six others were injured (pictured, police at the scene)
“The expert evidence on this point effectively deprived the Crown’s case of reasonable prospects of success,” the statement read.
‘This decision has been transmitted and explained to the victims and their families.
‘We understand that this is not the outcome you expected and we recognize that this event has affected you deeply.
“We extend our condolences to everyone who has been affected by this terrible incident.”