A Victorian coroner has ruled that William Swale, the driver responsible for a catastrophic vehicle collision that claimed five lives, must provide testimony at an upcoming coronial inquest. The decision comes despite Swale’s attempt to avoid giving evidence on self-incrimination grounds.
The tragic incident occurred on November 5, 2023, during the Melbourne Cup long weekend, when Swale’s BMW X5 veered into the outdoor dining area of the Royal Daylesford Hotel. The collision resulted in the deaths of three adults and two children from two visiting families: Pratibha Sharma, 44; her daughter Anvi, 9; her husband Jatin Kumar, 30; their friend Vivek Bhatia, 38; and his son Vihann, 11. Six additional individuals sustained injuries in the horrific crash.
Medical evidence presented during previous legal proceedings revealed that Swale, who has lived with type-1 diabetes for three decades, was experiencing dangerously low blood sugar levels at the time of the accident. Emergency responders reported finding him in an altered state of consciousness and largely incomprehensible immediately following the collision.
Although Swale initially faced 14 criminal charges, including five counts of culpable driving causing death, Magistrate Guillaume Bailin dismissed all charges in September 2024. The magistrate determined prosecutors had failed to disprove that Swale was already experiencing a severe hypoglycemic event when he resumed driving after a brief stop in Daylesford.
Coroner Dimitra Dubrow emphasized the compelling public interest in understanding the complete circumstances surrounding the tragedy. “Numerous questions remain unanswered,” Dubrow stated in her Wednesday ruling. “These relate to how Mr. Swale was able to become severely hypoglycemic notwithstanding continuous glucose monitoring.”
To facilitate Swale’s testimony, the coroner will grant him a certificate preventing his inquest evidence from being used against him in future proceedings. While acknowledging the theoretical possibility of future criminal proceedings, Dubrow characterized the likelihood of prosecutors using his testimony for a differently framed case as “relatively low.”
The inquest, scheduled to commence on March 10, will examine critical safety considerations including protective measures for hotel patrons and safe driving protocols for individuals managing type-1 diabetes.