The prosecution alleges Swale, who had been a diabetic for nearly 30 years, knew or ought to have known the risks associated with going into a severe hypoglycemic state, including being unable to control his car.
Crown prosecutor Jeremy McWilliams said Swale was well aware of the risks of having low blood sugar levels, what the warning signs are and what to do to remedy low levels.
“Here we have a driver who is very aware of what the consequences are of driving in an environment of low blood sugar is, it’s loss of control,” McWilliams said.
Patrons were at wooden picnic tables on a grass reserve outside the Royal Daylesford Hotel – at the bottom of Albert Street – when CCTV footage showed Swale’s BMW failing to make a right-hand turn and driving straight across the reserve, hitting numerous patrons, killing five and seriously injuring others.
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Vihaan Bhatia, 11, and his father, Vivek Bhatia, 38, died at the scene, alongside family friends Pratibha Sharma, 44, and Jatin Kumar, 30. Sharma’s nine-year-old daughter, Anvi, was taken to hospital, where she later died. Vihaan’s mother, Ruchi Bhatia, and his brother, Abeer, were seriously injured.
Three other people, a 43-year-old woman from Kyneton, a 38-year-old man from Cockatoo and an 11-month-old boy, were also injured.
Magistrate Guillaume Bailin is expected to hand down his decision on Thursday. Swale remains on bail.
Source Agencies
