Victorian prosecutors have ruled out directly indicting William Swale after charges over a horror fatal pub crash were thrown out of court.
The 66-year-old was charged with driving offences after his BMW SUV ploughed through a beer garden outside The Royal Daylesford Hotel on November 5, 2023.
Five people were killed in the crash and six others were injured.
A type-1 diabetic for three decades, Mr Swale was found in a state of severe hypoglycemia after the crash.
Mr Swale successfully fought to have the charges dismissed during a committal hearing in the Ballarat Magistrates’ Court in September, where a magistrate ruled the evidence was ‘so weak’ that no reasonable jury could convict.
After the decision, Victoria’s Office of Public Prosecutions said they would review the case and consider whether it should nonetheless proceed to trial.
Under the criminal procedure act, prosecutors have powers to file charges directly in a superior court if a magistrate dismisses a case in what’s known as a direct indictment.
On Friday, the Office of Public Prosecutions published a statement announcing that a direct indictment will not be filed.
The 66-year-old was charged with driving offences after his BMW SUV ploughed through a beer garden outside The Royal Daylesford Hotel on November 5 last year.
Vivek Bhatia and his eldest son were killed in the crash. His wife Ruchi Bhatia and his youngest son were injured but survived (the Bhatia family are pictured)
Five people were killed in the crash and six others were injured (pictured, police at the scene)
‘The experts’ evidence on this point effectively deprived the Crown case of reasonable prospects of success,’ the statement read.
‘This decision has been conveyed and explained to the victims and victims’ families.
‘We understand that this is not the outcome they were hoping for and acknowledge that they have been profoundly affected by this event.
‘We extend our sympathies to all who have been impacted by this terrible incident.’
