Diabetic driver’s bid for silence in five-death inquest
Tara Cosoleto |
A diabetic driver who ploughed through a beer garden, killing five people, is objecting to giving evidence at an inquest because he could be prosecuted again.
William Swale, 68, was initially charged with 14 offences, including five counts of culpable driving causing death, over the November 2023 crash in Daylesford in central Victoria.
But a magistrate struck out all of the charges last year after finding his actions were involuntary.
Mr Swale, a type-1 diabetic, suffered a severe hypoglycaemic episode while behind the wheel and crashed into patrons seated outside the Royal Daylesford Hotel at 6.07pm on November 5.
Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, were all killed, while six others were injured.
Prosecutors alleged Mr Swale had ignored warning signs about his declining glucose levels and was negligent in driving from 5.36pm that evening.
But magistrate Guillaume Bailin dismissed the case, finding Mr Swale was already suffering a severe hypoglycaemic episode at that time so his actions were involuntary.
Victoria’s Director of Public Prosecutions chose not to directly indict Mr Swale because the expert evidence had deprived any reasonable prospects of a successful prosecution.
Coroner Dimitra Dubrow will instead investigate the deadly crash at an inquest due to be held in March.
Mr Swale is among the dozens of witnesses called to give evidence but he formally objected to that course on Tuesday morning.
His barrister Dermot Dann KC told the coroners court it would be prejudicial for his client to give evidence.
Mr Dann noted the magistrate had only struck out the charges on the basis Mr Swale’s actions were not conscious or voluntary after 5.36pm.
The magistrate therefore did not need to consider other matters including how Mr Swale had been managing his type-1 diabetes in the lead-up, Mr Dann said.
Mr Swale’s answers to those questions could lead prosecutors to reformulate their case and file fresh charges, the barrister argued.
“It’s always open for the director to frame the case in a different way,” Mr Dann told the court.
Counsel assisting Rishi Nathwani KC argued Mr Swale could be given a certificate from the coroner, protecting him from being prosecuted as a result of his evidence.
Mr Nathwani accepted the certificate was not a “perfect protection” but said Mr Swale’s evidence would not automatically open the door to fresh charges.
He noted Mr Swale would have the right to silence in any criminal proceedings so unless someone else could give the same evidence, the prosecution case remained the same.
The director also specifically said he was not planning to directly indict Mr Swale, Mr Nathwani said.
The counsel argued Mr Swale’s evidence was also key to any coronial findings around the circumstances before the fatal collision.
Mr Dann told the court that evidence could come from other witnesses, including several experts.
The coroner will hand down her decision on whether to excuse Mr Swale early in the new year.
AAP
