The diabetic driver accused of killing five people through negligence in a beer garden crash has no memory of the fatal moment, a court has heard.
William Swale, 66, appeared in the Ballarat Magistrates’ Court on Tuesday for the second day of a preliminary hearing that will decide if he must stand trial before a jury.
Swale is accused of driving into the outdoor dining area outside The Royal Daylesford Hotel, killing five, on the evening of November 5 last year.
Witnesses claimed Swale appeared ‘wasted’ after crashing his car through the beer garden in horrific scenes.
Professor John Carter, who once led the national action plan committee on diabetes, told the court he had ‘no doubt’ Swale had no comprehension of what he was doing when he crashed into the beer garden.
His evidence came a day after deli worker Martin Hinck told the court he saw Swale sitting motionless in his BMW after it came to a rest about a minute after the crash.
In his statement to police, read aloud in court, Mr Hinck claimed Swale appeared ‘wasted’.
‘My recollection is that he was quite a flushed colour, his mouth was open and his eyes were closed,’ he told the court.
William Swale arrives at court in Ballarat on Tuesday
Forensic cleaners wash blood off the road after Bill Swale killed five people in what he claims was a diabetic attack
Prosecutors allege Swale had ignored nine low blood sugar alerts on his phone from an arm monitor before the fateful crash.
The court heard Swale had participated in a shooting event in nearby Clunes that morning before driving to Daylesford, about 114km north-west of Melbourne’s CBD.
Swale’s barrister, Dermot Dann KC, argued the incident was brought on by a severe hypoglycaemic, or low blood sugar, medical episode and that his client had no case to answer.
Swale, who goes by the name Bill, sat in the front row of the courtroom alongside his partner and two children.
Relatives of his victims sat in the two rows behind.
William Swale (middle right) with his barrister Dermot Dann KC (centre)
William Swale’s BMW after crashing into a beer garden and killing five
Professor Carter told the court Swale’s presentation in video taken from the scene was consistent with a severe hypoglycaemic attack.
The court heard Swale was found by first responders to be unresponsive and drifting in-and-out of consciousness in the front seat of his white BMW SUV.
He had no memory of the crash, Mr Dann said.
Professor Carter agreed with a suggestion by Mr Dann that a person suffering a severe hypoglycaemic attack could still undertake ‘complex tasks’ such as driving.
The court heard Swale’s blood sugar level was 7.8 mmol per litre – within the normal range – but had fallen to 2.9 by 5.17pm.
His continuous monitor sent a first alert to his phone the following minute at 5.18pm.
Four minutes later, Swale entered the Winespeake Cellar and Deli where he asked for a table, but he was turned away because it was full.
Pratibha Sharma her daughter Anvi and her partner Jatin Kumar were all killed
Vivek Bhatia (left) and his 11-year-old son died, while his wife Ruchi Bhatia (right) and six-year-old son were injured
Professor Carter said while it was possible Swale was hypoglycaemic at the time of the crash, he appeared to be ‘nowhere near’ where he was after it.
‘It is extremely unlikely that he had severe hypoglycaemia at the time,’ he said.
At 5.42pm, Swale’s car was seen motionless in the middle of the road outside a bowls club for several minutes, with Professor Carter agreeing it was likely Swale was already suffering a severe hypoglycaemic attack.
Five people were killed and others injured as Swale’s vehicle ploughed into the front beer garden of the hotel at 6.07pm.
Melbourne woman Pratibha Sharma, 44, her nine-year-old daughter Anvi, and Ms Sharma’s husband Jatin Kumar, 30, were killed in the crash.
Their friend Vevek Bhati and his 11-year-old son Vihann died at the scene, while his wife and six-year-old son were injured.
Swale 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.
The hearing, before magistrate Guillaume Bailin, continues.
