<div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>A diabetic driver who ploughed through a beer garden, killing five people, is objecting to giving evidence at an inquest because he could be prosecuted again.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>William Swale, 68, was initially charged with 14 offences, including five counts of culpable driving causing death, over the November 2023 crash in Daylesford in central Victoria.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But a magistrate struck out all of the charges last year after finding his actions were involuntary.</span></div></div><div><div id="adspot-mobile-medium"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/bondi-beach-shooting-sydney-how-the-bondi-beach-terror-attack-unfolded/297ea10f-dd5e-4125-b991-83e346c2b766" target="_blank"><strong><span>Timeline of terror: How the Bondi Beach terror attack unfolded</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Swale, a type-1 diabetic, suffered a severe hypoglycaemic episode while behind the wheel and crashed into patrons seated outside the Royal Daylesford Hotel at 6.07pm on November 5.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, were all killed, while six others were injured.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Prosecutors alleged Swale had ignored warning signs about his declining glucose levels and was negligent in driving from 5.36pm that evening.</span></div></div><div><div class="OUTBRAIN" data-reactroot="" data-src="//www.9news.com.au/national/william-swale-daylesford-pub-crash-object-to-give-evidence/612a1f05-7a47-4456-aed6-d0951dc59929" data-widget-id="AR_5"></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>But magistrate Guillaume Bailin dismissed the case, finding Swale was already suffering a severe hypoglycaemic episode at that time so his actions were involuntary.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Victoria's Director of Public Prosecutions chose not to directly indict Swale because the expert evidence had deprived any reasonable prospects of a successful prosecution.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Coroner Dimitra Dubrow will instead investigate the deadly crash at an inquest due to be held in March.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Swale is among the dozens of witnesses called to give evidence but he formally objected to that course this morning.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>His barrister Dermot Dann KC told the coroners court it would be prejudicial for his client to give evidence.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Dann noted the magistrate had only struck out the charges on the basis Swale's actions were not conscious or voluntary after 5.36pm.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><strong><span>READ MORE:</span></strong><span> </span><a href="https://www.9news.com.au/national/bondi-beach-shooting-how-to-help-donate-blood-vigils-police-contact/a79df956-55a1-4e25-8c80-dd498b8ed5a2" rel="" target="" title="Donate blood, give evidence, attend vigils: How Aussies can help in the wake of the Bondi shooting"><strong><span>Donate blood, give evidence, attend vigils: How Aussies can help in the wake of the Bondi shooting</span></strong></a></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The magistrate therefore did not need to consider other matters including how Swale had been managing his type-1 diabetes in the lead-up, Dann said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Swale's answers to those questions could lead prosecutors to reformulate their case and file fresh charges, the barrister argued.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>"It's always open for the director to frame the case in a different way," Dann told the court.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Counsel assisting Rishi Nathwani KC argued Swale could be given a certificate from the coroner, protecting him from being prosecuted as a result of his evidence.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Nathwani accepted the certificate was not a "perfect protection" but said Swale's evidence would not automatically open the door to fresh charges.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>He noted Swale would have the right to silence in any criminal proceedings so unless someone else could give the same evidence, the prosecution case remained the same.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The director also specifically said he was not planning to directly indict Swale, Nathwani said.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The counsel argued Swale's evidence was also key to any coronial findings around the circumstances before the fatal collision.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>Dann told the court that evidence could come from other witnesses, including several experts.</span></div></div><div class="block-content"><div class="styles__Container-sc-1ylecsg-0 goULFa"><span>The coroner will hand down her decision on whether to excuse Swale early in the new year.</span></div></div>