Diabetic driver in bid to dodge five-death inquest

A driver with diabetes who ploughed into and killed five people outside a pub will object to giving evidence after being called as a witness at an inquest.

William Swale was initially charged with 14 offences, including five counts of culpable driving causing death, over the November 2023 crash in Daylesford, central Victoria.

However, all of the offences were dismissed last year after a magistrate found Swale's actions were involuntary and the prosecution's case was weak.

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Swale, a type-1 diabetic, suffered a severe hypoglycaemic episode and crashed into two families dining out the front of the Royal Daylesford Hotel.

His blood sugar levels plummeted and he passed out while behind the wheel of his BMW, mounting a kerb and driving into patrons seated in the beer garden.

Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, and their friend Vivek Bhatia, 38, and his son Vihaan, 11, were all killed, while six others were injured.

The inquest into their deaths has been set down for March, with Swale one of dozens of witnesses expected to be called to give evidence to the Coroners Court.

Swale, 68, had been contacted by the coroner to give a statement but a hearing in August was told he had exercised his legal right not to do so.

Counsel assisting Rishi Nathwani KC told a hearing today that Swale had filed an application to object to giving evidence at the inquest next year.

He said a hearing on Swale's section 57 objection, where a witness objects to giving evidence on grounds it may be self-incriminating, will take place on December 16.

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Swale's lawyer Martin Amad asked if his client would have to attend court in person for his objection hearing.

"He has been summoned to appear on the 16th of December, he will be represented when submissions are made pursuant to section 57 of the act, just wondering if he is required to attend in person?" he asked the court.

"He may or may not wish to attend, I am just seeking some clarification."

Nathwani said his "clear understanding" was Swale would be required to attend under the act, for the court to take his objection.

He said 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.

"And to consider Mr Swale's conduct on the 5th of November and whether it was consistent with safe driving practices," he said.

The inquest will also probe safe driving recommendations, guidelines, education and public awareness for diabetic drivers, as well as outdoor dining and road safety.