Pub crash driver’s ‘severe’ attack: court

The diabetic driver accused of killing five people through negligence in a beer garden crash has “no memory” of the fatal moment, his lawyer has told a court.

William Swale, 66, returned before the Ballarat Magistrates’ Court on Tuesday for the second day of a committal hearing to decide if the case heads to trial.

Mr Swale is accused of driving into the outdoor dining area outside The Royal Daylesford Hotel, killing five, in the evening of November 5 last year.

Prosecutors allege he ignored nine low blood sugar alerts on his phone from an arm monitor ahead of the crash as he was returning home from a multi-day clay shooting event.

His defence, led by Dermot Dann KC, has argued the incident, while tragic, was squarely a severe hypoglycaemic, or low blood sugar, medical episode and there’s no case to answer.

Mr Swale, who goes by the name Bill, sat in the first row of the courtroom alongside his partner and two children as relatives of the deceased sat in the two rows behind.

Giving evidence, Professor John Carter, who once led the national action plan committee on diabetes, said Mr Swale’s presentation in video from the scene was consistent with a severe hypoglycaemic attack.

The court was told Mr Swale was found unresponsive and drifting in and out of consciousness in the front seat of his white BMW SUV by first responders.

He had no memory of the crash, Mr Dann said.

Professor Carter was asked to read the final paragraph of his expert report to the court in which he said he had “no doubt” Mr Swale had no comprehension of what he was doing when he crashed into the beer garden.

He agreed with a suggestion by Mr Dann that a person suffering a severe hypoglycaemic attack could still undertake “complex tasks” such as driving.

The court was told Mr Swale’s blood sugar level was 7.8 mmol per litre – within the normal range – but had fallen to 2.9 by 5.17pm.

His continuous monitor sent a first alert to his phone the following minute at 5.18pm.

Four minutes later, Mr Swale entered the Winespeake cellar and deli asking for a table but was turned away because they were full, the court was told.

Professor Carter said it was possible Mr Swale was hypoglycaemic at the time, but he appeared to be “nowhere near” where he was after the crash.

“It is extremely unlikely that he had severe hypoglycaemia at the time,” he said.

At 5.42pm, Mr Swale’s car was seen motionless in the middle of the road outside a bowls club for several minutes, with Professor Carter agreeing it was likely Mr Swale was already suffering a severe hypoglycaemic attack.

Five people were killed and others injured as Mr Swale’s vehicle ploughed into the front beer garden of the Royal Daylesford Hotel at 6.07pm.

Melbourne woman Pratibha Sharma, 44, her nine-year-old daughter Anvi, and Ms Sharma’s husband Jatin Kumar, 30, were killed in the crash.

Their friend Vevek Bhati and his 11-year-old son Vihann died at the scene, while his wife and six-year-old son were injured.

Mr Swale was charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life.

The hearing, before magistrate Guillaume Bailin, continues.