The driver of a car that tore through the beer garden of the Royal Hotel Daylesford last month, killing five people, has faced court over 14 charges, accused of ignoring repeated alerts on his blood sugar.
Police report a white BMW X5 was travelling south-west on Albert St in Daylesford, when it mounted a kerb and drove across a grassed area outside the venue, through a beer garden set up with outdoor seating, where it “collided with those tables and those people.”
Fronting Melbourne Magistrates’ Court this week, 66-year-old New Zealand born William ‘Bill’ Herbert Swale was charged with seven counts of reckless conduct endangering life, two counts of negligently causing serious injury, and five counts of culpable driving causing death.
The court heard he has a poor history of speeding, having received 32 fines and a criminal offence.
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On the day of the Daylesford crash, Swale was returning from a clay shooting tournament in Clunes.
Although diagnosed with diabetes since 1994, it was only in recent months he was granted a two-year conditional driver’s licence regarding his condition.
He reportedly checked his blood glucose level at 5.17pm, which returned a low reading and sounded an alarm.
The court heard CCTV footage captured him entering a restaurant across from the Hotel shortly after, but there were no tables available and he returned to his car, seen again on CCTV at 5.42pm driving around the area. At approximately 6pm he crashed into the pub.
First responders said they found the man hot and sweaty, and unable to communicate properly.
Swale is a self-proclaimed artist and art director, and something of a property tycoon. In 2017 he appeared on reality show A Moveable Feast, showing off his ‘Grayton House’ property in Woodend, which he sold for around $2.9 million in 2019.
He and his wife were part of a panel of residents, at a different property, in the Macedon Ranges, who opposed a nearby development due to safety concerns, including an increased “risk of traffic accidents”.
On 5 November Pratibha Sharma and her nine-year-old daughter Anvi, from Point Cook, and her partner Jatin Chugh, and Vivek Bhatia and his 11-year-old son, from Tarneit, were all killed in the incident in Daylesford, which was buzzing with the anticipation of the coming Melbourne Cup.
Swale’s conditional driver’s licence from VicRoads was said to have been facilitated by a medical report stating his diabetes was under control.
But in court his lawyer argued the possibility his client was already experiencing a medical problem, leaving him unable to recognise the alert and effectively questioning whether the conditional licence was appropriate, pleading that the situation was “fair and square a medical episode and whether or not he knew”.
Victoria Police continue to investigate concerns regarding road safety in the Hotel’s outdoor area.
Swale has remained behind bars until a decision is made whether or not to grant him bail.
The pub – typically thriving in the tourism-happy town – opened a few days after the crash, in order to provide a place “where everyone can come together to support each other”.
Expressing their deepest sympathy on social media, they rued that words are “difficult to find” but that the community has rallied together.
“We are so grateful to every single one of you for all the well wishes and support.”
