Diabetic driver William Swale will not stand trial over fatal Daylesford pub crash

ABC NEWS (Australia)

The driver who crashed into patrons at a Daylesford pub killing five people has had his charges sensationally dismissed. William Swale successfully argued he did not have a case to answer, leaving the crash victims' family members devastated.

Transcript

00:00William Swale's driving had deadly consequences for five people, but today he walked free

00:07after a stunning legal victory.

00:09Mr Swale, if I can know, I'm being responsible for the deaths of five people.

00:13A magistrate today dismissed the charges against him, ruling the prosecution case was so weak

00:19there were no reasonable prospects of a jury ever finding him guilty.

00:23Whilst Mr Swale welcomes today's decision, he remains deeply distressed about the deaths

00:31and about the injuries that occurred on that day.

00:34It was last November that Mr Swale's out-of-control SUV flew off the road in Daylesford, hitting

00:39Pratibha Sharma, her daughter Anvi and Jatin Kumar, along with their friend Vivek Bhatia

00:46and his son Vahan.

00:47Six others were injured, the scene a state of utter carnage.

00:51Grieving family members in court to hear the decision were struggling to understand how

00:56no one will be held responsible.

00:58Today I am really so upset.

01:02I must say there is a zero justice system, zero, just zero.

01:07The court heard Mr Swale, a type 1 diabetic, was severely impaired with dangerously low

01:12blood sugar levels.

01:13Before the crash he was seen trying to enter a cafe, but was turned away.

01:18He then drove agonisingly slow on the streets of Daylesford in the minutes before the crash.

01:23Prosecutors argued he'd ignored critical warnings about his low glucose levels, but Magistrate

01:29Ghiyam Balan threw the case out, saying they'd failed to prove his decision to get behind

01:34the wheel was voluntary because his impairment from a hypoglycemic attack was so bad.

01:41This is a highly emotionally charged case, the magistrate said.

01:44The evidence is so weak that the prospects of conviction are minimal.

01:49William Swale hired one of Victoria's best barristers for the case, and it was a move

01:53that paid off.

01:54He was facing incredibly serious charges.

01:57One of them, culpable driving, carried a maximum sentence of 20 years.

02:01Now he's walking free.

02:04He has asked me again to express his deepest sympathy to the family and friends of the deceased.

02:13We are very, very upset.

02:16There is no value of five lives.

02:17Mr Swale left court, free to go home with his family.

02:21Others impacted by the tragedy won't be able to do the same.

Category

Transcript

Recommended