A wealthy property developer at the centre of a horrific fatal crash has engaged two of Australia's most prominent barristers in a bid to avoid giving evidence to a coroner investigating the deaths of five people.
The Tragic Collision and Legal Proceedings
Bill Swale was behind the wheel of his BMW SUV in November 2023 when it ploughed into people seated outside the Royal Daylesford Hotel. The incident, which occurred after Swale reportedly suffered a diabetic episode, claimed the lives of five individuals: 44-year-old Pratibha Sharma, her nine-year-old daughter Anvi, her partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his 11-year-old son Vihaan.
Swale initially faced serious criminal charges, including five counts of culpable driving causing death. However, the criminal case against him was dismissed in 2023 after a magistrate found the evidence was weak and the chance of a conviction minimal.
High-Profile Legal Defence at Coroner's Court
On Tuesday, Swale was compelled to attend the Coroner's Court of Victoria, where he was asked to explain his refusal to assist the ongoing inquest. Initially, a seemingly confused Swale told Coroner Dimitra Dubrow he would cooperate, but this position was swiftly retracted by his legal team.
He was represented by Dermot Dann, KC, a barrister regarded as one of Australia's finest, who recently helped secure a retrial for alleged killer Greg Lynn. Swale's second counsel was Melbourne barrister Paul Smallwood, known for his role in freeing alleged cop killer Jason Roberts from jail.
The court heard that Swale objects to assisting the inquiry out of fear that his testimony could lead to fresh prosecution, despite being offered a certificate indemnifying him against such action. Mr Dann argued that such a certificate was not a perfect shield, stating his client could still be required to stand trial or face a direct indictment.
Medical Evidence and Prosecution's Stance
This stance persists despite a rare public statement from Victoria's Director of Public Prosecutions, Brendan Kissane, KC, in November last year. He explained that no future charges would be pursued against Swale due to key medical evidence.
Two medical experts testified that they could not rule out Swale, a long-term type 1 diabetic, was suffering a severe hypoglycaemic episode that began before the collision. This evidence suggested he may have been so impaired as to be incapable of conscious action, effectively removing any reasonable prospect of a successful prosecution.
Counsel Assisting the Coroner, Rishi Nathwani, KC, emphasised that Swale holds crucial, unique knowledge about his health and actions leading up to the crash. This includes his diabetes management, insulin use, and his activities on the day—such as visiting a shooting range in Clunes before driving to Daylesford.
Mr Nathwani argued that a certificate should provide sufficient protection for Swale to give honest evidence, which is vital for the coroner to understand how to prevent similar future tragedies.
In contrast, Mr Dann contended the inquest could fulfil its purpose without Swale's input, relying instead on expert medical testimony about diabetes management. Coroner Dimitra Dubrow has reserved her decision on whether to compel Swale's testimony until early in the new year.
