A grieving widow who lost her husband and young son when a car ploughed into a beer garden feels her life has been shattered for a second time after charges against the driver were dropped.
Vivek Bhatia, 38, and his 11-year-old son Vihaan were killed when a BMW SUV crashed into the Royal Daylesford Hotel in Victoria’s Macedon Ranges region on November 5, 2023.
The horrific accident also claimed the lives of Jatin Kumar, 30, Pratibha Sharma, 44, and their nine-year-old daughter Anvi, who were sitting at the open-air dining area.
The driver, William Swale, 66, walked free from court last week after his case was thrown out when a magistrate ruled the evidence was “very weak”.
The shock ruling has prompted Bhatia’s devastated wife Ruchi to speak out for the first time.
She feels like she is mourning the loss of her husband and eldest son for the second time, 10 months later.
“Even today I can’t believe they are not with me,” Bhatia said. 7 News.
‘We were just having fun, we were outside, we were all together and the next moment they were gone and I’ll never see them again.’
Bhatia’s devastated wife Ruchi Bhatia (pictured) broke her silence for the first time, saying the shocking court ruling felt like her family had been torn apart all over again.
Ms Bhatia’s husband Vivek, 38 (pictured left) and the couple’s son Vihaan, 11 (pictured right), were killed when the BMW crashed into the Royal Daylesford Hotel in Victoria in November last year.
The devastated wife and mother plans to stage a protest, including a hunger strike, in an attempt to fight for justice.
“I lost my son and now I am in prison,” Bhatia said.
Ms Bhatia and her youngest son, Abeer, 9, survived the crash but spent months in hospital recovering.
Ms Bhatia suffered a broken shoulder and hip and internal injuries, while Abeer spent several days in a coma with leg injuries.
Ms Bhatia has no memory of the accident, but she will never forget the moment she woke up in hospital to the news that her husband and son had died.
Despite the charges against Swale being dropped, the widow has vowed her fight for justice is far from over.
“He stopped the car in the middle of the road. Why did he restart the engine? I need answers on this,” Bhatia said.
Father Vivek Bhatia (left) and his eldest son Vihaan (front right) died in the accident last November.
The tragedy occurred at 6.07pm on November 5 last year when Mr Swale’s car careened down a hill and through an outdoor dining area outside the Royal Daylesford Hotel.
The victims’ families also plan to take legal action against Swale and protest the court’s decision.
“I want that person to be behind bars for the rest of his life, because I am in prison right now, (the one who) lost his family,” Bhatia said. Herald of the Sun.
“He still has a family. He’s still living his life. What about us?”
“I lost my son and my husband and I don’t know what to do without them and I want to ask everyone if they would agree with this decision. I don’t think so.
‘We are dying every day, every minute.
Swale, a property tycoon, had all 14 charges, including five counts of negligent driving causing death, dropped because the evidence against him was labelled “weak”.
His lawyers successfully argued that Swale suffered a “severe hypoglycaemic attack” before mounting the pavement and crashing into the historic pub.
Prosecutors argued that Swale, who has type 1 diabetes, should have known the risks of getting behind the wheel with low blood sugar levels.
Magistrate Guillaume Bailin said the case against Swale was flawed and there was therefore no evidence to support a conviction on any of the charges.
Judge Bailin said the case was about whether prosecutors could prove Swale was aware of his actions and therefore made voluntary.
“This is a case where there is a hypothesis consistent with innocence that fundamentally weakens the case,” he said.
The 14 charges against William Swale, 66 (pictured), were dropped in court last week because the evidence against him was labelled “weak”.
Mr Bhatia’s family expressed their frustration with the justice system outside court last Thursday after the verdict was handed down..
Ms Sharma’s heartbroken brother Vikas previously told A Current Affair that the court’s decision made them feel as if their loved ones had been murdered all over again.
“They killed them again today,” he said.
