All charges against a diabetic motorist who crashed into a beer garden, killing two adults and three children, have been dropped, allowing him to leave the courtroom.
In Ballarat Magistrates Court this week, William Swale, 66, was the subject of a three-day committal hearing where he challenged 14 charges, including five counts of negligent driving causing death, related to the fatal incident that occurred in November 2023.
The type-1 diabetic, who was diagnosed in 1994, claimed he suffered a ‘severe hypoglycaemic attack’ while driving his white BMW SUV when it crashed into patrons outside the Royal Daylesford Hotel.
Five individuals were sitting in the beer garden of the bar when Swale scaled a curb and killed them: Pratibha Sharma, 44; her daughter Anvi, 9; boyfriend Jatin Kumar, 30; and their friend Vivek Bhatia, 38, and his son Vihaan, 11.
Testimony was given by diabetes specialists, police, paramedics, and a witness who, within minutes of the collision, saw Swale seated behind the wheel and appearing “wasted.”
Magistrate Guillaume Bailin on Thursday found the prosecution case was flawed and there was not enough evidence to support a conviction on any of the 14 charges.
The retired man, born in New Zealand, sat tensely during the hearing, his head bent and his arms folded. When the charges were dropped, he expressed relief.
The magistrate harshly criticised how the Crown had presented its case against Swale in rendering his ruling.
‘The evidence is so weak that the prospects of conviction are minimal,’ the magistrate told the court.
‘This is a case where there is a hypothesis consistent with innocence that so fundamentally weakens the case,’ he continued.
‘It is reasonably possible the accused was suffering a severe hypoglycemic event, the result of which means his actions in driving from 5.36 pm onwards were not voluntary.
‘As such, I discharge the accused on all charges.’
His barrister, Dermot Dann KC, asked the court to discharge the entire case against Swale as his client was unconscious at the time of the collision due to suffering a ‘severe hypoglycaemic attack’.
However, Swale was a long-time diabetic and should have known the risks of his blood sugar dropping before getting into the car to drive, according to prosecutor Jeremy McWilliams.
‘He’s well aware of the risks of having low blood sugar levels… of recognising his own personal suite of symptoms for falling blood glucose levels and what to do to remedy or rectify those circumstances,’ Mr McWilliams said.
‘Here we have a driver that is very aware of what the consequences of driving in an environment of low blood sugar are—it’s loss of control.’
Witnesses on the scene in the immediate aftermath described Mr Swale as non-responsive, appearing ‘wasted’ and drifting in and out of consciousness as he just sat in the car, the court was told.
It comes after Swale was revealed to be a wealthy artist and property tycoon who once complained to his local council about road safety.
The man experienced a medical crisis, and these kinds of things happen to individuals all the time. Yes, as long as the driver takes specific measures, such as monitoring their blood sugar before leaving and, if the trip is long, every two hours after starting to drive, they can drive with type 1 or type 2 diabetes.
This tragedy may have been prevented, but as with everyone with a handicap, there should be particular requirements that are included on the driver’s licence and DVLA website.
Naturally, some may argue that he wasn’t supposed to be driving. That he did not escape punishment and it was his responsibility; in reality, he will have to deal with this for the rest of his life, knowing full well that he killed people, including children.
In this case, it wasn’t the number of people that got killed; it was the fact that this man was a diabetic and had no control over his circumstances at the time and could not have done anything to prevent this at that moment.
It’s high time that DVLA laws are changed!
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