Man charged over Daylesford pub tragedy which killed five people
William Swale has been charged by police over the tragic death of five people enjoying their afternoon at a Daylesford beer garden.
Swale has been charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life.
He appeared via video link before the Magistrates Court on Monday, where he applied for bail.
The court heard he ignored eight phone alerts to check his blood glucose levels, including several before the fatal collision. It was told that Swale was diagnosed with insulin-dependent type one diabetes in 1994 and holds a conditional Victorian driver’s licence.
Detective Sergeant Peter Romanis told the court that Swale uses a blood glucose monitoring device that connects to an app on his phone and sends alerts when his blood glucose levels are irregular.
Romanis said Swale received nine alerts to check his blood glucose levels.
The prosecution is arguing that the insulin-dependent driver ignored eight alerts.
“Causation of the collision can be attributed to the accused’s failure to treat his low blood glucose levels as detected by him at 5.17 pm,” Romanis said.
“The accused received and ignored a further eight mobile phone alerts. His decision to return to his vehicle and continue to drive whilst knowing his blood glucose levels were low, and without sourcing the required treatment, has caused catastrophic and fatal consequences.”
It is alleged Swale was made aware at 5.17 pm that his glucose level was “well above” the parameters set on his app at 2.9mmol/L.
Pratibha Sharma, 44, her nine-year-old daughter Anvi, her partner Jatin Kumar, 30, Vivek Bhatia, 38, and his 11-year-old-son Vihaan, were killed by Swale on November 5.
Bhatia’s wife and younger son survived the crash.
Sergeant Romanis said while “stunned and shocked onlookers ran to the aid of those struck by the BMW, the accused remained in his vehicle”. He said Mr Swale was described as looking “sweaty, hot and clammy”.
Swale has a history of driving offences and has previously been issued with 32 penalty notices, including for excessive speed.
Swale remains in custody until his bail hearing on Friday.
Jonathan Jackson, 14th December 2023
