William Swale: ‘No doubt’ Daylesford pub crash driver suffered severe hypoglycaemic attack, court told

The diabetic driver accused of killing five people through negligence in a beer garden crash was “very close to death” at the time of the fatal crash, his doctor has told a court. William Swale, 66, returned before the Ballarat Magistrates’ Court on Tuesday for the second day of a committal hearing to decide if the case heads to trial. Mr Swale is accused of driving into the outdoor dining area outside The Royal Daylesford Hotel, killing five, in the evening of November 5 last year. Prosecutors allege he ignored nine low blood sugar alerts on his phone from an arm monitor ahead of the crash as he was returning home from a multi-day clay shooting event. His defence, led by Dermot Dann KC, has argued the incident, while tragic, was squarely a severe hypoglycaemic, or low blood sugar, medical episode and there’s no case to answer. Mr Swale, who goes by the name Bill, sat in the first row of the courtroom alongside his partner and two children as relatives of the deceased sat in the two rows behind. His endocrinologist, Dr Matthew Cohen, told the court he had been monitoring Mr Swale for about 30 years after his type-1 diabetes diagnosis, describing him as a “model patient”. Dr Cohen said he had last provided a report to VicRoads indicating Mr Swale was safe to drive just four months before the crash, noting he was “very successful” in managing the condition and was able to recognise early symptoms of hypoglycemia. He told the court he had an appointment with the accused man a week or two after the crash, where Mr Swale said he had no memory of the events. This, alongside, Mr Swale’s blood glucose records and symptoms, Dr Cohen said, indicated he was “very close to death” when the crash occurred. Giving evidence, Professor John Carter, who once led the national action plan committee on diabetes, said Mr Swale’s presentation in video from the scene was consistent with a severe hypoglycaemic attack. The court was told Mr Swale was found unresponsive, sweaty and drifting in and out of consciousness in the front seat of his white BMW SUV by first responders. Professor Carter was asked to read the final paragraph of his expert report to the court in which he said he had “no doubt” Mr Swale had no comprehension of what he was doing when he crashed into the beer garden. He 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 was told Mr Swale’s blood sugar level was 7.2 mmol per litre – within the normal range – at 4pm, 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. Professor Carter agreed with a suggestion by Mr Dann that the blood sugar level had declined “rapidly”. Four minutes later, Mr Swale entered the Winespeake cellar and deli asking for a table but was turned away because they were full, the court was told. Professor Carter said it was possible Mr Swale was hypoglycaemic at the time, but he appeared to be “nowhere near” the severity he was found in after crash. “It is extremely unlikely that he had severe hypoglycaemia at the time,” he said. Dr Cohen disagreed, saying it was possible Mr Swale was already significantly impaired when he entered the deli. At 5.42pm, Mr 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 Mr Swale was already suffering a severe hypoglycaemic attack. Five people were killed and others injured as Mr Swale’s vehicle ploughed into the front beer garden of the Royal Daylesford 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. Mr 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. His lawyers will seek to have the case discontinued when the hearing continues before Magistrate Guillaume Bailin on Wednesday.