A wealthy property tycoon accused of killing five people after his car crashed into a pub’s beer garden appeared “drunk” moments after the crash, a court has heard.
Bill Swale, 67, 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.
Swale appeared in Ballarat Magistrates Court, Victoria, on Monday for a preliminary hearing to determine whether he will face a jury trial in a higher court.
The court heard Swale had been involved in a shooting in nearby Clunes before driving to Daylesford, about 114 kilometres northwest of Melbourne’s city centre.
Deli worker Martin Hinck had been one of the first to witness the horrific scene outside the Royal Daylesford Hotel on November 5 last year.
He told the court he saw Swale sitting motionless in his BMW after it came to a stop about a minute after the crash.
In his statement to police, read out in court, Mr Hink said Swale looked “wasted”.
“My recollection is that he was quite flushed, his mouth was open and his eyes were closed,” she told the court.
Bill Swale, a wealthy property tycoon, was at the wheel of a car that allegedly crashed into a pub’s beer hall, killing five people. Pictured centre, he appeared in Ballarat Magistrates Court on Monday
William Swale is accused of ignoring repeated warnings to treat his low glucose levels for more than 50 minutes before the crash.
Swale was represented on Monday by Dermot Dann, high profile criminal lawyer, KC.
Mr. Dann is considered one of the country’s top criminal defense attorneys and the man responsible for clearing the name of convicted murderer Katia Pyliotis.
He is also currently defending former Jetstar pilot Greg Lynn.
Swale is accused of ignoring repeated calls to treat his low blood sugar levels for more than 50 minutes before his car ploughed into several families outside the Royal Daylesford Hotel.
Pratibha Sharma, 44, her daughter Anvi, 9, her partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and their son Vihaan, 11, were killed when Swale’s vehicle crashed into the pub after he reportedly suffered a diabetic episode.
The court heard that competitors at a shooting event had observed Swale behaving unusually.
A shooter who shot alongside Swale that morning claimed Swale had made light of an incident in which a teammate fell.
“If you were on the moon, you’d still be falling,” Swale reportedly joked after witnessing the fall.
“It was a really strange thing to say when someone falls while carrying luggage, a firearm in a case,” the witness said.
“We all helped the person up, but that was the comment Mr Swale made, which at the time seemed quite inappropriate, rather than helpful.”
Another witness said Swale had made mistakes while marking that day and appeared to be miserable.
“I thought it was always funny to do that and he didn’t seem to smile much,” the witness told the court.
Vihaan Bhatia (bottom right) and his father Vivek (top left) died in the accident, while his mother Ruchi Bhatia (top right) and brother Abeer (bottom left) were treated in hospital.
Daily Mail Australia revealed last year that Swale and his wife have been buying and selling multi-million dollar properties for years.
In November, the couple sold a home called Tower House in Kyneton for an estimated $3 million, and just a few years earlier they offloaded another property worth more than $3 million called Grayton House in Woodend.
Swale appeared on Channel Seven’s travel show A Moveable Feast in 2017, where he showed the Grayton estate to radio presenter Ross Stevenson and co-presenter Kate Stevenson.
During a preliminary hearing, the The court heard Swale had made his fortune working as an IT guru in New Zealand, where he was born.
Mr Dann said Swale had started his career selling photocopiers before building his fortune developing software for some of Australia’s biggest banks and energy companies.
Bill Swale (left) appeared on a television show that showcased his wealth.
At the hearing, Sergeant Peter Romanis told the court Swale was returning from a clay pigeon shooting tournament in Clunes when he stopped in Daylesford.
Swale, who was diagnosed with diabetes in 1994, tested his blood glucose level at 5:17 p.m. and the result was low; a minute later an alarm sounded indicating he should check his levels.
CCTV footage showed him walking into a restaurant opposite the pub a few minutes later asking for a table but returning to his car because none were available.
Then at 5.42pm Swale was seen on CCTV driving his car around the area before crashing into pub patrons at around 6pm.
The hearing continues.