Coroner Mandates Driver Testimony in Fatal Daylesford Crash Inquest
A Victorian coroner has mandated that William Swale, a driver with type 1 diabetes involved in a fatal crash outside a regional pub, must provide evidence at an upcoming inquest. The incident, which occurred in 2023 outside the Royal Daylesford Hotel in central Victoria, resulted in five deaths.
Mr. Swale experienced a severe hypoglycaemic episode that led to his vehicle crashing into two families dining outdoors. The victims were identified as Pratibha Sharma (44), her daughter Anvi (9), partner Jatin Kumar (30), their friend Vivek Bhatia (38), and his son Vihaan (11). Additionally, six other individuals sustained injuries in the tragic incident.
Initially, Mr. Swale faced multiple criminal charges related to the crash. However, these charges were dropped in 2024 after a Ballarat magistrate determined there was insufficient evidence for a conviction.
The coronial inquest, scheduled to commence in March later this year, is set to investigate critical areas. Its focus will include guidelines, education, and public awareness concerning diabetic drivers, as well as outdoor dining regulations and general road safety.
Swale's Plea for Exemption Rejected
Mr. Swale, in his late 60s, had sought to be excused from testifying in December last year, citing potential self-incrimination. However, during a recent hearing at the Coroners Court of Victoria, Coroner Dimitra Dubrow rejected this application.
Ms. Dubrow stated that Mr. Swale's evidence is "critical" for the inquest's effectiveness and its ability to formulate recommendations aimed at preventing similar future incidents.
The coroner highlighted the absence of a comprehensive account of Mr. Swale's actions leading up to the crash, beyond statements from paramedics and medical personnel. She expressed concern that without his testimony, recommendations might be "ineffectual," particularly regarding how Mr. Swale developed severe hypoglycemia despite using continuous glucose monitoring.
Protective Certificate Issued
Acknowledging that Mr. Swale's testimony could potentially prejudice him in any new criminal charges, the coroner issued a certificate. This certificate ensures that any evidence he provides at the inquest cannot be directly or indirectly used in future legal proceedings.
While recognizing a chance of "derivate use" by prosecutors, Ms. Dubrow deemed the likelihood of a differently framed criminal case against him as "relatively low."
She concluded that his evidence is necessary "in the interests of justice."