The magistrate found William Swale, who has type 1 diabetes, was in the grips of a severe medical episode when he crashed into the diners.
A driver who was in the grips of a hypoglycaemic episode when he careered into diners outside a Daylesford hotel, killing five people, will not face trial.
Bailin acknowledged at the outset of his ruling that this was a highly emotionally charged case, reading out one by one the names of each person injured or killed.“This hearing is not about whether the accused is guilty or not, or even about if the accused could have done something different. It means the nature of this hearing proceeds in a way that appears distant from emotion, focusing on the legal test I have to decide,” Bailin said.
CCTV footage from the day of the crash shows Swale’s BMW failing to make a right-hand turn and driving straight across a grass reserve outside the Royal Daylesford Hotel – at the bottom of Albert Street, Daylesford – where patrons were sitting at picnic tables. 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.
In his ruling on Thursday – following three days of evidence and submissions – Bailin said it was not about whether Swale was negligent in ignoring warning signs or if he should have been aware of the risks of driving that day.“A reasonable jury could not convict the accused on the evidence available,” Bailin said.there was no evidenceWitness Martin Hinck recalled working at Winespeake Cellar and Deli when he heard the crash.
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