Thu Sep 19 05:56:38 UTC 2024: ## Daylesford Crash Driver Walks Free, Families Question Justice System

**Ballarat, Victoria** – The families of five people killed in a tragic car crash outside the Royal Daylesford Hotel in November 2023 are questioning the justice system after a magistrate dismissed all charges against the driver, William Herbert Swale.

Swale, 67, was accused of five counts of culpable driving causing death, two counts of negligently causing serious injury, and seven counts of reckless conduct endangering life. However, Magistrate Guillaume Bailin discharged him on all charges following a committal hearing this week.

The court heard that Swale was suffering from a hypoglycaemic episode, brought on by his diabetes, at the time of the crash. Two medical experts, Professor John Carter and Dr Matthew Cohen, testified that they could not rule out Swale being in a hypoglycaemic state while driving, raising doubts about whether he was acting voluntarily.

Magistrate Bailin ruled that the prosecution had not presented sufficient evidence to support a conviction, stating that “the evidence for each charge is so weak that the prospects of conviction are minimal.”

The families of the victims, including Ashok Bhatia, who lost his son and grandson Vivek and Vihaan Bhatia, expressed deep disappointment and anger at the decision. “There is no value of five lives,” said Bhatia. “At least the man should realize that so many people died, so many people were injured.”

Rupinder Singh, Vivek Bhatia’s brother-in-law, said the decision left him questioning the integrity of the justice system. “Today I am really so upset,” said Singh. “I must say there is a zero-justice system.”

While Swale’s lawyer, Martin Amad, expressed his client’s deep sympathy for the families and victims, he maintained that Swale was deeply distressed by the tragedy. Swale is now seeking legal costs from the Chief Commissioner of Victoria Police.

The families of the victims continue to grieve the loss of their loved ones and struggle to comprehend how a driver could be cleared of all responsibility in such a devastating accident.

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