The families of five people killed in a crash outside the Royal Daylesford Hotel will wait a further five months before the alleged driver responsible faces court again.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
William Swale, 67, appeared in the Ballarat Magistrates' Court via video-link on April 18, where it was decided a six day committal hearing would go ahead in September this year.
Swale, who was wearing a white shirt and glasses, remained impassive throughout proceedings.
The Mount Macedon man has been charged with killing five people, after he crashed into seating outside the Royal Daylesford Hotel on November 5, 2023, while experiencing low blood glucose levels owing to diabetes.
A September date for a committal hearing was set, but Magistrate Michelle Mykytowycz raised concerns about the five month delay in proceedings.
She said it was in the best interests of the families of the deceased and the wider community that the "very significant" matter proceeded as soon as possible.
Lawyers for the defence and prosecution both argued a hearing couldn't go ahead during available dates in July, as it meant multiple witnesses wouldn't be able to attend.
After discussion, the matter was set for a six day committal hearing from September 16 to 23, 2024.
A committal hearing is where a magistrate will decide whether there is enough evidence to support a conviction for offences charged.
If a magistrate decides they have been presented with sufficient evidence, the accused will be committed for a hearing in the County Court or Supreme Court.
During proceedings, a 13 person witness list was also confirmed, with the defence adding one witness and withdrawing others that had been opposed by the prosecution.
Once finalised, Ms Mykytowycz extended Swale's bail until September 16, and was thanked by the 67-year-old for doing so.
Low blood glucose warning allegedly issued prior to crash
According to court documents, Swale is charged with killing five people and seriously injuring another two when he crashed into seating outside the Royal Daylesford Hotel on November 5, 2023.
The 67-year-old, who is diabetic, is also charged with placing others at risk by driving while his blood glucose levels were low.
In total, Swale is facing 14 charges in relation to the incident.
In a previous hearing, the court heard Swale was "hypoglycemic aware", meaning he could sense low blood glucose warning signals such as hunger, tingling around the mouth and headaches.
At the time of the incident, Swale also had a device which monitored his blood glucose levels and provided alarms via a mobile phone application.
On November 5, the prosecution allege Swale received a low blood glucose reading of 2.9mmol/L about 50 minutes before the fatal crash.
After this, he attempted to book a table at a Daylesford hospitality venue but none were available.
About 5.42pm, the 67-year-old was captured on CCTV driving in Camp Street, before performing a U-turn and turning right onto Albert Street.
The crash occurred at 6.07pm, when Swale allegedly plowed into wooden picnic tables outside the Royal Daylesford Hotel at the end of Albert Street, killing a 38-year-old Tarneit man, his 11-year-old son and a Point Cook couple at the scene.
A nine-year-old child of the Point Cook couple later died in hospital.
At this hearing on December 15, 2023, Swale was granted bail after his family provided a $250,000 bond.
The 67-year-old's age, medical condition and vulnerability in jail were taken into account by the magistrate who granted bail.