Wealthy diabetic driver Bill Swale – charged in Daylesford beer garden crash that killed five people – is on bail after coughing up a staggering sum of money
A wealthy property magnate accused of killing five people after his car crashed into a pub beer garden has been granted bail after using some of Australia’s best silk.
Bill Swale, 66, 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.
On Friday, Magistrate Brett Sonnet agreed to release Swale from jail once his family posts $250,000 bail.
Mr Sonnett had asked for $500,000 bail but agreed to half that after Swale’s wife Thea claimed she would struggle to produce the money immediately.
Bill Swale – a wealthy property magnate – was behind the wheel of a car that allegedly crashed into a pub beer garden, killing five people
Bail was granted despite the families of those affected by the tragedy opposing Swale’s release.
Swales will walk from Melbourne Assessment Prison, where he is expected to return to the lavish surroundings of his Mount Macedon home – north of Melbourne’s CBD.
While Swale was represented by lawyer Martin Amad at his first bail hearing on Monday, High-profile criminal lawyer Dermot Dann, KC, had taken over his defense on Friday morning.
Mr. Dann is considered one of the country’s top criminal defense attorneys and the man responsible for clearing the name of once convicted murderer Katia Pyliotis.
He is also currently defending former Jetstar pilot Greg Lynn, who is accused of killing secret campers Russell Hill and Carol Clay.
Mr Dann had informed the court that his client could post the half-million dollar bail while he made his closing statements to Mr Sonnett.
But when it came time to pay, the money was not immediately available.
William Swale, a man accused of killing five people after a car rammed into a pub beer garden, is accused of ignoring repeated warnings to treat his low glucose levels for more than 50 minutes before the crash
“Would your honor consider $200,000?” asked Martin Amad, Mr. Dann’s outsider.
Mr Amad had made the first bail application on Monday before Mr Dann took over the role on Friday.
“$250,000,” Mr. Sonnett replied.
“Deal,” was the answer.
Daily Mail Australia revealed on Tuesday that Swale and his wife have been buying and selling multi-million dollar properties for years.
In November, the couple sold a house titled Tower House in Kyneton for an estimated $3 million, and a few years earlier sold another property worth more than $3 million called Grayton House in Woodend.
Swale appeared on Channel Seven’s travel show A Moveable Feast in 2017, where he showed the Grayton estate to radio presenter Ross Stevenson and co-presenter Kate Stevenson.
Although the police did not oppose Swale’s release on bail, Magistrate Sonnett refused to simply ‘ruin’ the murderer’s release without hearing all the reasons why he should do so.
Vihaan Bhatia (bottom right) and his father Vivek (top left) were killed in the crash, while mother Ruchi Bhatia (top right) and brother Abeer (bottom left) were treated in hospital
Mr Dann outlined more than a dozen compelling reasons supporting Swale’s release on bail.
Among them were Swale’s lack of criminal history, the support of his family, the lack of risk alleged by police, and his vulnerability in custody due to his medical condition and the publicity surrounding the case.
Mr Dann said there has never been a case like this prosecuted based on a person’s blood glucose levels.
A medical report from Swale’s endocrinologist described him as an excellent patient who he saw three to four times a year and who had missed only one appointment in 29 years.
He said Swale had so far avoided severe hypoglycaemia.
Mr. Sonnet described the case as similar to someone driving while tired, and said he had formed the opposite opinion about its force.
He also pointed out that Swale had received a significant number of traffic fines, but Mr Dann said the most serious was the loss of a month’s driving license in a 40-year driving career.
The court heard Swale had made his fortune working as an IT guru in New Zealand, where he was born.
Mr Dann said Swale had started his career selling photocopiers before developing his fortune developing software for some of Australia’s biggest banks and energy companies.
Vicky Sharma, brother of Pratibha Sharma who died in the Daylesford crash, arrives at the Melbourne Magistrates Court on Friday
Bill Swale was granted bail after hiring one of Australia’s top lawyers
Bill Wale (right) appeared on a television program showcasing his wealth
Swale is accused of ignoring repeated warnings to treat his low glucose levels for more than 50 minutes before his car crashed into families outside the Royal Daylesford Hotel on November 5.
Pratibha Sharma, 44, her daughter Anvi, 9, partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, all died when Swale’s vehicle crashed into the pub after he suffered a diabetes attack.
Mr Bhatia’s wife, a 36-year-old woman, and his other son, aged six, were injured and taken to hospital and have since been released.
A 43-year-old Kyneton woman, a 38-year-old Cockatoo man and an 11-month-old baby boy were taken to hospital and have been discharged.
Sergeant Peter Romanis told the court Swale had been returning from a clay shooting tournament in Clunes when he stopped in Daylesford.
Swale, who was diagnosed with diabetes in 1994, scanned his blood glucose levels at 5.17pm which returned a low reading and a minute later an alarm sounded telling him to check his levels.
CCTV footage showed him entering a restaurant opposite the pub a few minutes later and asking for a table, but returning to his car as none was available.
Swale was then seen on CCTV at 5.42pm driving his car through the area before it crashed into pub patrons at around 6pm.
He will next appear in the Ballarat Magistrates’ Court on April 18.