Charges dropped over crash that killed five people
The elderly driver who was charged after his car crashed into a pub in Victoria, resulting in the deaths of two children and three adults, will walk free after charges against him were dropped.
William Herbert Swale, 66, had all charges dismissed after a magistrate ruled the evidence against him was “so weak”.
Mr Swale's lawyers successfully argued his actions were not voluntary because he was in a state of severe hypoglycaemia, as he is an insulin-dependent diabetic.
The devastating crash occurred on November 5th 2023, when Mr Swale's car sped down a hill before crashing into an outdoor dining area outside The Royal Daylesford Hotel.
Pratibha Sharma, her husband Jatin Chugh, and her daughter Anvi were enjoying the last of the weekend at the pub when Mr Swale's BMW crashed through the pub.
Sharma and Chugh died at the scene, while nine-year-old Anvi was flown to hospital but did not survive her injuries and was later pronounced dead.
The family were joined by their friends, Vivek Bhatia, 38, his wife, and their two kids at the pub.
Vivek and his 11-year-old son Vihaan were both killed in the crash, while the 36-year-old woman, and a second son, aged six, were taken to hospital for their injuries and survived.
Initially rushed to hospital after the crash, Mr Swale was charged with 14 offences following a month-long police investigation.
Prosecutors alleged that as a type-1 diabetic of 30 years, Mr Swale should've known not to be driving while in a state of hypoglycaemia, alleging gross negligence.
After a three-day hearing, Magistrate Guillaume Bailin determined the evidence against Mr Swale was so flawed it should not be sent to a higher court for a jury trial, and instead dismissed all charges.
“It is reasonably possible the accused was suffering a severe hypoglycemic event; the result of which means his actions in driving from 5.36pm onwards were not voluntary,” Magistrate Bailin said. “The evidence is so weak that the prospects of convictions are minimal."
Image credits: ABC News / Magistrates' Court of Victoria