Daylesford pub crash driver ordered to explain refusal to assist inquest
The driver at the centre of the Royal Daylesford Hotel beer garden tragedy is being told he must front court and explain why he’s refusing to help a coronial probe into the incident.
William Herbert Swale, a diabetic who suffered a hypoglycaemic episode behind the wheel of his BMW X5, drove into the busy outdoor area of the Royal Daylesford Hotel in November 2023, killing 5 people who were seated in the beer garden.
The crash claimed the lives of Pratibha Sharma, 44, her 9-year-old daughter Anvi and partner Jatin Kumar, 30, along with Vivek Bhatia, 38, and his 11-year-old son Vihaan.
Swale was originally charged with offences including culpable driving causing death, but those charges were dismissed last year after a magistrate ruled the evidence was too weak to realistically secure a conviction.
The focus has now shifted to the Coroners Court, where an inquest into the circumstances of the crash is scheduled for March next year. A series of preliminary hearings has already taken place, but Swale has so far refused to co-operate.
Coroner Dimitra Dubrow has now directed that he appear in person to formally decline a bid by Counsel Assisting, Rishi Nathwani KC, to cross-examine him — and to explain why he has exercised his right not to provide a statement to the inquiry.
Neither Swale nor members of the victims’ families attended Friday’s administrative hearing, where Nathwani told the court there was “quite a bit of new material” to be added to the investigation. That includes statements from members of Swale’s shooting club, as well as evidence from diabetes and accident specialists.
The inquest is expected to take a close look at what can be done to better protect patrons in outdoor dining and drinking spaces. The court has already heard that the inquiry will examine safety measures for hotel beer gardens and footpath trading, along with safe driving practices for people with type 1 diabetes — covering glucose monitoring, education and public awareness to try to head off similar tragedies.
Nathwani previously told the court that statements had been sought from more than 60 witnesses, including police, medical experts and bystanders who were at or near the hotel when the vehicle left the road.
Dubrow has stressed that the coronial process is not about apportioning blame or making findings of criminal liability, but about understanding what happened and whether any recommendations can improve public safety.
Relatives of Vivek and Vihaan earlier told the Herald Sun they had suffered an “unimaginable loss” as a result of the crash, a sentiment that continues to hang heavily over the close-knit regional hospitality community.
A committal hearing in the Magistrates’ Court last year was told Swale allegedly understood the dangers of hypoglycaemia, including losing the ability to drive safely, yet still got behind the wheel before the BMW hit diners at the pub around 6:07pm on November 5.
The court heard he received multiple phone alerts warning of falling blood-glucose levels before stopping at a deli, where he left after finding no seats available. He then drove off again and soon afterwards failed to make a turn, instead ploughing into the Royal Daylesford’s beer garden where the 2 families were seated at picnic tables.
His legal team successfully argued that his medical episode was so severe he was incapable of acting consciously at the time of the crash.
Swale is now required to attend the Coroners Court on December 16, ahead of the full inquest, which is expected to begin on March 10.
Jonathan Jackson, 8th December 2025
