September 19th 2024.
After causing a fatal accident that claimed the lives of three adults and two children at a beer garden, William Swale, a 66-year-old diabetic driver, has been acquitted of all charges and will walk free from court. The incident, which occurred in November of 2023, has been the subject of a three-day hearing in the Ballarat Magistrates Court. Swale, who has been living with type-1 diabetes since 1994, was facing 14 charges, including five counts of culpable driving causing death.
According to Swale, he suffered a "severe hypoglycaemic attack" while driving his white BMW SUV, which led to the tragic collision with patrons outside the Royal Daylesford Hotel. Among the victims were Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, as well as their friend Vivek Bhatia, 38, and his son Vihaan, 11. The court heard from various experts, including diabetes specialists, police, paramedics, and a witness who found Swale sitting behind the wheel in a "wasted" state within one minute of the crash.
Swale's defense barrister, Dermot Dann KC, argued that his client was unconscious at the time of the accident due to a severe hypoglycaemic attack. On the other hand, prosecutor Jeremy McWilliams maintained that Swale, as a long-term diabetic, should have been aware of the risks of driving with declining blood sugar levels. The court was also presented with evidence that Swale was not in a fit state to drive, as reported by a witness who saw him sitting in the car just moments before the crash.
In the end, Magistrate Guillaume Bailin found that the prosecution's case against Swale was flawed and lacked sufficient evidence to support a conviction on any of the 14 charges. He also criticized the way the Crown had presented their case, stating that the evidence was too weak to secure a conviction. As a result, all charges against Swale were discharged, and he was cleared of any wrongdoing.
The decision to acquit Swale has sparked controversy, with many questioning whether justice has been served for the victims and their families. However, it serves as a reminder of the importance of understanding and managing medical conditions, especially when they can have severe consequences when driving. May this tragic event serve as a lesson for all of us to prioritize our health and safety on the road at all times.
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