Potential Legal Challenge Looms in Daylesford Pub Crash Case

William Swale, aged 67, was released without charges after his legal team successfully argued that he experienced a medical episode prior to a tragic crash outside a Daylesford pub last November. This decision, described as “extremely shocking” by a family friend of the victims, may still be contested by Victorian prosecutors.

The crash resulted in the deaths of five individuals and injured six others. The Office of Public Prosecutions (DPP) retains the authority to issue a direct indictment, compelling a trial for Mr. Swale in the County Court, should they determine an error was made during the magistrate’s decision to dismiss the charges.

The dismissed charges, totaling 14, involved the actions of Mr. Swale during a hypoglycemic attack that led to the crash. Magistrate Guillaume Bailin ruled that the prosecution failed to prove Mr. Swale’s actions were voluntary, due to the severity of his medical condition at the time.

A spokesperson for the Director of Public Prosecutions stated, “The Office of Public Prosecutions acknowledges Magistrate Bailin’s decision and will review it in accordance with Prosecution Guidelines to consider further legal action.” The DPP expressed its deepest condolences to the victims and affected families.

Greg Barns, a legal expert from RMIT, indicated that the use of a direct indictment is rare but not unprecedented. He explained, “The law requires criminal actions to be conscious, deliberate, and voluntary, and if these standards are not met, prosecutions can fail.”

The case’s dismissal, considered complex, was centered on whether Mr. Swale’s decision to drive was conscious given his medical emergency. The magistrate concluded the evidence was insufficient for conviction, stating, “The evidence is so weak that prospects of convictions are minimal.”

The Mayor of Hepburn Shire, Brian Hood, commented on the lasting impacts the crash has had on the local community. “My thoughts are with the families of the victims and the devastated community,” he stated. Preet Singh, a family friend of victim Vivek Bhatia, aired his distress on ABC Radio Melbourne, articulating the community’s shock and the profound loss felt by the families.