Daylesford Pub Crash Defendant Seeks to Avoid Testimony

Key Takeaways

• A driver with diabetes, William Swale, will object to giving evidence at an inquest into the deaths of five people he killed in a car crash.
• Swale’s actions were deemed involuntary due to a severe hypoglycaemic episode, and all charges against him were dismissed.
• The inquest will examine the circumstances leading up to the crash, including Swale’s diabetes management and safe driving practices.
• The inquest will also probe safe driving recommendations, guidelines, education, and public awareness for diabetic drivers, as well as outdoor dining and road safety.
• Swale has filed an application to object to giving evidence on grounds that it may be self-incriminating.

Introduction to the Incident
A tragic incident occurred in November 2023, when a driver, William Swale, suffered a severe hypoglycaemic episode while behind the wheel of his BMW. His blood sugar levels plummeted, causing him to pass out and lose control of the vehicle. The car mounted a kerb and crashed into patrons seated in the beer garden of the Royal Daylesford Hotel in central Victoria, killing five people and injuring six others. The victims included Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, and their friend Vivek Bhatia, 38, and his son Vihaan, 11.

Charges and Dismissal
Initially, Swale was charged with 14 offences, including five counts of culpable driving causing death. However, all of the charges were dismissed last year after a magistrate found that Swale’s actions were involuntary and the prosecution’s case was weak. The magistrate’s decision was based on the fact that Swale’s hypoglycaemic episode was a medical emergency that he could not have anticipated or controlled. As a result, Swale was not held criminally responsible for the deaths of the five people.

Upcoming Inquest
An inquest into the deaths has been set down for March, with Swale expected to be called as a witness. The inquest will examine the circumstances leading up to and after the crash, including Swale’s diabetes management, the food and drink he consumed, his insulin administration, blood glucose readings, and alarms from his monitoring device. The inquest will also probe safe driving recommendations, guidelines, education, and public awareness for diabetic drivers, as well as outdoor dining and road safety. The coroner will investigate whether Swale’s conduct on the day of the crash was consistent with safe driving practices.

Objection to Giving Evidence
Swale has filed an application to object to giving evidence at the inquest on grounds that it may be self-incriminating. His lawyer, Martin Amad, has asked the court to clarify whether Swale will be required to attend the hearing in person. Counsel assisting Rishi Nathwani KC stated that his understanding was that Swale would be required to attend the hearing under the act, for the court to take his objection. A hearing on Swale’s section 57 objection will take place on December 16, where the court will determine whether Swale will be required to give evidence at the inquest.

Implications of the Inquest
The inquest will have significant implications for diabetic drivers and road safety in general. The coroner’s investigation will examine the measures that can be taken to prevent similar incidents in the future. The inquest will also consider the role of diabetes management and education in preventing hypoglycaemic episodes while driving. Furthermore, the inquest will probe the safety of outdoor dining areas and the measures that can be taken to protect pedestrians and patrons from vehicles. The findings of the inquest will be crucial in informing policy and practice changes to improve road safety and prevent similar tragedies from occurring in the future.

Conclusion
The incident involving William Swale and the subsequent inquest highlight the importance of diabetes management and road safety. The inquest will provide an opportunity for the coroner to examine the circumstances leading up to the crash and make recommendations to prevent similar incidents in the future. The objection by Swale to giving evidence on grounds that it may be self-incriminating adds a complex layer to the inquest, and the court’s decision will be closely watched. Ultimately, the inquest will aim to provide closure for the families of the victims and contribute to improving road safety for all users.