A man who killed five people outside a pub in Daylesford in regional Victoria last November has had all charges against him dropped, after a court ruled prosecutors failed to provide enough evidence to commence a trial.
William Swale killed three adults and two children when his car crashed into a beer garden in Daylesford, north-west of Melbourne. His lawyers argued he was unconscious due to suffering a “severe hypoglycaemic attack”.
The court’s ruling, handed down in the Ballarat Magistrates’ Court, dismissed all 14 charges, with the presiding judge saying he was “of the opinion the evidence is not of sufficient weight to support a conviction”.
Daylesford crash
In November 2023, a white BMW mounted a gutter and drove across a grassed area outside the Royal Daylesford Hotel.
The vehicle collided with a crowd of people who were celebrating on a long weekend.
Four people were killed on the scene and one person later died in hospital. Another five people were treated for non-life-threatening injuries in hospital.
The driver was treated for minor injuries and shock. His lawyers said he returned a negative alcohol reading at the scene.
Hearing
During the three-day committal hearing, several first responders of the incident were called to the stand to give evidence.
Swale’s lawyers argued their client was unconscious at the time of the collision due to suffering a “severe hypoglycaemic attack”.
The prosecutors tried to argue that Swale had been negligently driving. As a diabetic for three decades, they said Swale should have understood the risks of low blood sugar levels when driving.
Lawyers
Swale’s defence lawyer, Martin Amad, spoke to media on behalf of his client who has refused to speak since the crash.
Amad said while Swale “welcomes” the court’s decision, but that ”he remains deeply distressed about the deaths and about the injuries that occurred on that day.”
Swale also asked his lawyers to express his “deepest sympathy to the families and friends of the deceased”.
Victims
Ahead of the ruling, the victims’ family members told reporters they had “suffered a lot” and “need justice”.
On the last day of the hearing, family members said they were “very, very upset” with the decision and questioned the justice system, saying the ruling shows that “there is no value of five lives”.
