Devastated family of father and son who were among five killed in Daylesford pub garden tragedy refuse to give up fight for justice – as diabetic BMW driver who ploughed into them walks free

The devastated relatives of a father and son who were among five killed when a diabetic driver ploughed into a pub beer garden plan to sue after charges against him were dismissed.

Property tycoon William Swale, 66, faced a three-day committal hearing this week in Ballarat Magistrates Court as he contested 14 charges, including five counts of culpable driving causing death, over the deadly November 2023 crash.

The type-1 diabetic, who was diagnosed in 1994, claimed he suffered a ‘severe hypoglycaemic attack’ while driving his white BMW SUV when it crashed into patrons outside the Royal Daylesford Hotel.

Swale mounted a kerb and killed five people seated in the pub’s 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.

Diabetes experts, police, paramedics, and a witness who found Swale sitting behind the wheel looking ‘wasted’ within one minute of the crash, all gave evidence.

Magistrate Guillaume Bailin on Thursday found the prosecution case was flawed and there was not enough evidence to support a conviction on any of the 14 charges.

Mr Bhatia’s uncle Mukesh Bhatia told the Herald Sun that his family were considering its legal options after suffering ‘unimaginable loss’.

‘The acquittal of this driver has left us devastated. We feel that … justice has not been served,’ he said.

‘Our family is calling for accountability. We demand justice for the lives lost, for the families shattered, and for the pain that will haunt us forever.’

Vivek Bhatia and his 11-year-old son Vihaan were killed, while his wife Ruchi and six-year-old son were injured but survived

Outside court, Mr Bhatia’s brother-in-law Rupinder Singh said the justice system had failed him. 

‘I must say, there is zero justice system. Zero. Just zero,’ he said.

Mr Bhatia’s ‘really upset’ father Ashok added: ‘There’s no value of five lives.’

Ms Sharma’s heartbroken brother Vikas told A Current Affair that the court’s decision made them feel like their loved ones had been killed all over again. 

‘They killed them again today,’ he said.

‘First day on the fifth of November, all five people killed by the driver, and today killed by this Australian justice system again.’

Pratibha Sharma her daughter Anvi and her partner Jatin Kumar were all killed

Police are seen at the scene of the fatal crash in Daylesford on November 6

Swale did not comment outside court but stood silently as his lawyer Martin Amad said the driver was ‘deeply distressed’ by what had happened that day. 

‘He has asked me, again, to express his deepest sympathy to the family and friends of the deceased, to those injured, to their family and friends, and to the wider community, especially those in Daylesford,’ Mr Amad said. 

Sitting nervously with his head bowed and arms crossed throughout the hearing, New Zealand-born retiree Swale had reacted with relief as all charges were thrown out. 

In handing down his decision, the magistrate was highly critical of the way the Crown had framed their case against Swale.

Mourners are seen leaving flowers outside the Royal Hotle in Daylesford in November, 2023

‘The evidence is so weak that the prospects of conviction are minimal,’ the magistrate told the court. 

Mr Bailin said his judgment was not about whether Mr Swale was guilty or if he could have done something differently to avoid the tragedy, but on the narrow legal issue of whether prosecutors could prove his actions were conscious and voluntary.

‘This is a case where there is a hypothesis consistent with innocence that so fundamentally weakens the case,’ he continued. 

‘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.

‘As such I discharge the accused on all charges.’

His barrister, Dermot Dann KC, asked the court to discharge the entire case against Swale as his client was unconscious at the time of the collision due to suffering a ‘severe hypoglycaemic attack’.

But prosecutor Jeremy McWilliams said Swale was a long-term diabetic who should have been aware of the risks of his blood sugar levels declining, when he got into the car to drive. 

‘He’s well aware of the risks of having low blood sugar levels… of recognising his own personal suite of symptoms for falling blood glucose levels and what to do to remedy or rectify those circumstances,’ Mr McWilliams said.

‘Here we have a driver that is very aware of what the consequences of driving in an environment of low blood sugar is – it’s loss of control.’

Witnesses on the scene in the immediate aftermath described Mr Swale as non-responsive, appearing ‘wasted’ and drifting in and out of consciousness as he just sat in the car, the court was told.

Swale (pictured left) appeared on Channel 7 reality show A Moveable Feast in 2017

The Swale’s Tower House in Kyneton sold for an estimated $3million in November 2023

It comes after Swale was revealed to be a wealthy artist and property tycoon who once complained to his local council about road safety.

The 66-year-old and his wife, Thea, have been buying and selling multi-million dollar properties for years.

In November 2023 they sold a home titled Tower House in Kyneton for an estimated $3million, and just years earlier offloaded another $3million-plus property named Grayton House in picturesque Woodend – both north-west of Melbourne. 

Swale appeared on Channel 7 reality show A Moveable Feast in 2017 where he showed off the Grayton property to radio host Ross Stevenson and co-host Kate Stevenson.

In an article that featured in real estate publication Domain in March, Swale’s wife bragged that the multi-million properties they lived in were always temporary.

‘As much as I adore living here, the project is complete, and I am a project-driven person,’ she told the publication. 

Swale has also been a member of the Cobaw Sporting Club – a Macedon Ranges shooting club where hunters embark on escapes akin to those of British lords.

Social media images show members arriving at hunts in limousines and posing with dead birds while draped in the finest of British hunting gear.