Inquest into Daylesford hotel crash to probe safety of outdoor dining

3 months ago 21

The safety of outdoor dining and of diabetic drivers will be put under the microscope at an upcoming coronial inquest after the deaths of five people at Daylesford.

Coroner Dimitra Dubrow heard that more than 60 witnesses could give evidence over the nine-day inquest in March 2026 as she examines possible prevention opportunities to save lives.

Wooden picnic tables outside the Royal Daylesford Hotel in November 2023. A BMW careered down a hill and into diners, killing five.

Diners were seated at wooden picnic tables placed on a grassed area outside the Royal Daylesford Hotel in November 2023 when a BMW driven by diabetic William Swale careered down a hill and into diners.

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 43-year-old woman from Kyneton, a 38-year-old man from Cockatoo and an 11-month-old boy, were also injured.

In September, a Ballarat magistrate found Swale – who got behind the wheel with a low blood sugar count and a string of warnings from his mobile phone app – had no case to answer and dismissed the charges against him.

Vivek Bhatia (left) and his son, Vihaan Bhatia (in blue top), 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.

On Tuesday, counsel assisting the coroner, Rishi Nathwani, revealed the coronial investigation would recommence after being put on hold while the criminal case went ahead.

Swale, he said, had so far exercised his right not to provide a statement to the coroner.

Others, including witnesses and experts from the road safety and medical fields, were expected to be called at next year’s inquest, Nathwani said.

Seated in the Coroner’s Court of Victoria for the hearing this week were lawyers for Swale, the Hepburn Shire Council and one of Swale’s doctors.

Vikas Sharma, the brother of Pratibha Sharma, at a memorial service for those killed in the Daylesford crash. Flowers at a make-shift memorial near the Royal Hotel for those killed in the crash.

Nathwani, in addressing the coroner, also acknowledged the presence of the families of those killed in the November 5, 2023 crash, and those injured in the crash.

“I’m sorry for your loss and acknowledge your trauma and your suffering,” he said.

“The impact and scars from that day will remain.”

Nathwani said as part of the future inquest, public health and safety recommendations could be made to help reduce preventable deaths in the future.

Further expert material would also likely be obtained ahead of the inquest in March.

He reminded the coroner that on November 5, 2023, Swale was driving a white BMW after earlier attending a target shooting competition at Clunes.

At 5.17pm he checked his blood glucose monitor, connected to his mobile phone, while returning a reading of 2.9. He then left his car and entered a nearby deli but left when he was told there were no spare tables.

About 5.35pm he drove towards the bowling club nearby, stopping in the middle of the road and narrowly avoiding crashing into an oncoming car.

At 5.43pm he then headed west, downhill, towards patrons seated below, striking several people. He stopped nearby after colliding with a metal pole.

“There were no bollards or fences separating the grass area to the road,” Nathwani said.

After witnesses ran 100 metres to the nearby police station to raise the alarm, police and emergency services said they found a barely responsive Swale in the driver’s seat, sweaty and experiencing a diabetic episode.

Nathwani said a clear ziplock bag with dried fruit and nuts inside was in the car. No faults were found with the car.

A police investigation found Swale’s phone received 10 blood glucose alarms indicating his levels were low over about a 30-minute period before the fatal crash.

Nathwani said the inquest was expected to examine the safety of patrons seated outside the hotel, the safety of drivers with type-1 diabetes, relevant guidelines, education and public awareness.