A Victorian man accused of crashing his car outside a Daylesford pub, killing five people, will not stand trial.
Mount Macedon man William Herbert Swale, 67, was accused of driving his white BMW through an eating area outside The Royal Daylesford Hotel on November 5, last year.
He was charged with five counts of culpable driving causing death, two counts of negligently causing serious injury, and seven counts of reckless conduct endangering life.
His lawyer, Dermot Dann KC, successfully argued that his client did not have a case to answer because he was suffering from a hypoglycaemia episode brought on by his diabetes in the lead-up and at the time of the crash.
Pratibha Sharma, 44, her nine-year-old daughter Anvi, and Ms Sharma’s husband Jatin Kumar, 30, were killed in the accident, as were father and son Vivek and Vihaan Bhatia.
The prosecution’s case centred around whether Mr Swale should have known that it would be dangerous to drive his car, having been a diabetic for three decades.
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