Bursting verdict for driver who drove his BMW through a crowded pub beer garden, killing five people in horrific crash – as judge speaks out in court

A diabetic driver who drove into a beer garden, killing three adults and two children, will walk free after all charges against him were dropped.

William Swale, 66, faced a three-day hearing in Ballarat District Court this week, where he fought 14 charges, including five counts of reckless driving causing death, in connection with the fatal crash in November 2023.

The Type 1 diabetic, who was diagnosed in 1994, claimed he suffered a “severe hypoglycemic attack” when he crashed his white BMW SUV into guests outside the Royal Daylesford Hotel.

Swale drove over a kerb, killing five people sitting 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 saw Swale driving “drunk” within a minute of the crash all gave evidence.

Judge Guillaume Bailin ruled Thursday that the indictment was flawed and that there was not enough evidence to warrant a conviction on any of the 14 charges.

The New Zealand-born pensioner sat nervously with his head bowed and arms crossed during the hearing, but he reacted with relief when all charges were dropped.

In delivering his verdict, the magistrate was highly critical of the way the Public Prosecution Service had presented the case against Swale.

William Swale (pictured on Monday) faced a three-day preliminary hearing in Ballarat District Court this week, where he fought 14 charges, including five counts of reckless driving causing death, in connection with the fatal November 2023 crash.

Pratibha Sharma, her daughter Anvi and her partner Jatin Kumar were all murdered

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

Relatives are seen laying flowers outside the Royal Hotel in Daylesford in November 2023

“The evidence is so weak that the chances of a conviction are minimal,” he told the court.

Mr Balin said his verdict was not about whether Mr Swale was guilty or whether he could have done anything differently to prevent the tragedy, but about the narrow legal issue of whether the prosecution could prove his actions were deliberate and voluntary.

“This is a case where there is a hypothesis that is consistent with innocence, but it fundamentally weakens the case,” he said.

‘It is reasonably possible that the suspect had severe hypoglycemia. This means that his actions while driving from 5:36 p.m. were not voluntary.

“Therefore, I acquit the suspect of all charges.”

His lawyer, Dermot Dann KC, asked the court to dismiss the entire case against Swale, on the grounds that his client was unconscious at the time of the collision due to a ‘severe hypoglycaemic attack’.

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

Mr Bailin has withdrawn all charges against Swale. Swale will be released by the court.

This came after it emerged that Swale was a wealthy artist and property magnate who once complained to the local authority about road safety.

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

In November 2023, they sold a home called Tower House in Kyneton for an estimated price of $3 million and a few years earlier they sold another property worth over $3 million called Grayton House in picturesque Woodend – both north-west of Melbourne.

In 2017, Swale was a guest on Channel 7 reality show A Moveable Feast, where he showed off the Grayton estate to radio presenter Ross Stevenson and co-presenter Kate Stevenson.

In an article published in March in real estate magazine Domain, Swale’s wife boasted that the multi-million dollar properties they lived in were always temporary.

“While I love living here, the project is finished and I am a project-driven person,” she told the publication.

Swale was also a member of the Cobaw Sporting Club, a shooting club in the Macedon Ranges where hunters engage in hunting activities similar to those of British gentlemen.

On social media, members can be seen arriving at the hunt in limousines and posing with dead birds, dressed in the finest British hunting gear.