Daylesford driver who killed five ordered to appear at inquest
A driver who crashed his four-wheel drive into diners outside a Daylesford pub during a medical incident, killing five people, has been ordered to give evidence at an upcoming inquest after failing in his bid to remain silent.
William Swale and his legal team previously told coroner Dimitra Dubrow that despite having protections against forensic evidence being used against him, objected to testifying.
Swale’s lawyer expressed concerns that his client could be charged with separate offenses at a later time and that giving evidence at any inquest could affect a future trial.
On Wednesday, Dubrow said he considered the potential value of his evidence, the public interest in the deaths of the five people and possible prejudice against Swale, and was convinced it was in the interests of justice for Swale to participate in the investigation.
Dubrow ordered Swale to appear before him in March.
The coroner was previously told Swale, who was diabetic at the time of the crash, suffered a hypoglycaemic attack and collapsed behind the wheel as he drove down a hill and into the open-air dining area of a pub.
Diners were sitting at wooden picnic tables on the lawn outside the Royal Daylesford Hotel when it was shot in November 2023.
11-year-old Vihaan Bhatia and his father Vivek Bhatia, 38, died on the spot along with family friends Pratibha Sharma (44) and Jatin Kumar (30). Sharma’s nine-year-old daughter Anvi was taken to hospital, where she later died. Vihaan’s mother Ruchi Bhatia and brother Abeer were seriously injured.
Three other people were injured, a woman in her 40s from Kyneton, a man in his 30s from Kakadu and a boy who was 11 months old at the time.
Five charges of culpable driving causing death against Swale were later dismissed after Ballarat magistrates found Swale. There was nothing to answer.
The investigation is expected to begin in March.
Be the first to know when important news happens. Sign up for breaking news alerts Turn on notifications in email or in the app.
