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The driver of a 4WD that ploughed into diners outside a Daylesford pub, killing five, including children, is fighting against having to testify at a coronial inquiry into the deaths.
William Swale told coroner Dimitra Dubrow on Tuesday that despite there being protection from his evidence being used against him, he objected to testifying as part of a coronial process to help avoid a repeat of the horrific crash.
William Swale outside court in December 2023.Credit: Eddie Jim
At the time of the crash, a court was told that Swale, who lives with diabetes, was suffering from a hypoglycemic attack and passed out at the wheel as he drove down a hill and into a pub’s outdoor dining area.
“Yes, I do object,” Swale said on Tuesday when asked about testifying in the inquest.
The safety of outdoor dining and of diabetic drivers is expected to be put under the microscope at the inquest in March.
The coroner earlier heard that more than 60 witnesses could give evidence over the nine-day inquest as she examines possible prevention opportunities to save lives.
Vivek Bhatia (left) and his son, Vihaan Bhatia (right front), died at the scene, alongside friends Pratibha Sharma (in academic gown) and her partner, Jatin Kumar (right). Sharma’s daughter, Anvi, died later in hospital. Ruchi Bhatia (in yellow) and son Abeer (bottom left) were seriously injured.
Diners were seated at wooden picnic tables placed on a grassed area outside the Royal Daylesford Hotel when a BMW driven by Swale careered down a hill and into diners, in November 2023.
Vihaan Bhatia, 11, and his father, Vivek Bhatia, 38, died at the scene, alongside family friends Pratibha Sharma, 44, and Jatin Kumar, 30. Sharma’s nine-year-old daughter, Anvi, was taken to hospital, where she later died. Vihaan’s mother, Ruchi Bhatia, and his brother, Abeer, were seriously injured.
Three other people, a woman in her 40s from Kyneton, a man in his 30s from Cockatoo and a boy, then aged 11 months, were also injured.
Criminal charges – five charges of culpable driving causing death – against Swale were earlier dismissed after a magistrate found Swale had no case to answer.
William Swale and his damaged BMW.Credit: Nine News; Supplied
Each of those charges had carried a maximum penalty of 20 years imprisonment.
In August, the coroner was told Swale had so far exercised his right not to provide a statement to the coroner.
On Tuesday, Swale’s barrister Dermot Dann, KC, raised concerns that the driver could be charged with separate offences at a later time and that giving evidence at any inquest could impact any future trial.
Counsel assisting the coroner, Rishi Nathwani, KC, said the director of Public Prosecutions had already stated they would not seek to re-prosecute Swale, following a review of the earlier, failed case against him.
Dubrow had the power to compel Swale to give evidence at an inquest. She will hand down her decision in the New Year.
Other witnesses expected to appear at the inquest include people from the sports shooting event Swales had attended before the accident, Swales’ treating doctors, the chief medical officer from Diabetes Australia, Victoria Police’s liquor licensing unit, a Monash University crash data expert, and representatives from RACV, Digital Forensics Australia, and the Hepburn Shire Council.
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