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Wealthy diabetic driver Bill Swale - charged over Daylesford pub beer garden crash that killed five - walks free on bail after coughing up staggering sum

11 months ago 48

A wealthy property tycoon charged with killing five people after his car rammed into a pub beer garden has been granted bail after employing one of Australia's top silks. 

Bill Swale, 66, 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.

On Friday, Magistrate Brett Sonnet agreed to release Swale from jail the moment his family coughs-up a $250,000 surety. 

Mr Sonnett had called for a $500,000 surety, but agreed to half of that after Swale's wife Thea claimed she would struggle to immediately produce the cash. 

Bill Swale - a wealthy property tycoon - was behind the wheel of a car which allegedly rammed into a pub beer garden killing five people 

Bail was granted despite the families of those affected by the tragedy opposing Swale's release. 

Swales will walk from the Melbourne Assessment Prison where he is expected to return to the plush surroundings of his Mount Macedon home - north of Melbourne's CBD. 

While Swale was represented on Monday during his initial bail hearing by lawyer Martin Amad, high profile criminal barrister Dermot Dann, KC had taken over his defence by Friday morning. 

Mr Dann is regarded as one of the best criminal defence lawyers in the country and the man responsible for clearing the name of once convicted killer Katia Pyliotis. 

He is also currently defending former Jetstar pilot Greg Lynn, who is accused of killing secret lover campers Russell Hill and Carol Clay. 

Mr Dann had boasted that his client could pay the half-a-million dollar surety while making his closing submissions to Mr Sonnett. 

But when the time came to pay, the money appeared not to be readily available.

A man charged with killing five people after a car rammed into a pub beer garden, William Swale  is accused of ignoring repeated alerts to treat his low glucose levels for more than 50 minutes before the crash

'Would your honour consider $200,000?' Mr Dann's offsider Martin Amad asked. 

Mr Amad had run the initial bail application on Monday before Mr Dann took over the role on Friday. 

'$250,000,' Mr Sonnett replied. 

'Deal,' came the answer.  

Daily Mail Australia revealed on Tuesday Swale and his wife have been buying and selling multi-million dollar properties for years. 

In November the couple sold a home titled Tower House in Kyneton for an estimated $3million, and just years earlier offloaded another $3million-plus property named Grayton House in Woodend.

Swale appeared on Channel Seven travel show A Moveable Feast in 2017 where he showed off the Grayton property to radio host Ross Stevenson and co-host Kate Stevenson.

While police did not oppose Swale's release on bail, Magistrate Sonnett refused to simply 'rubber stamp' the killer's release without hearing all of the reasons why he should do so. 

Vihaan Bhatia (bottom right) and his father Vivek (top left) were killed in the crash while mother Ruchi Bhatia (top right) and brother Abeer (bottom left) were treated in hospital 

Mr Dann outlined more than a dozen compelling reasons supporting Swale's release on bail.

Among them were Swale's lack of criminal history, his family support, the lack of risk alleged by police, and his vulnerability in custody because of his medical condition and publicity surrounding the case.

Mr Dann said there had never been a case like this one, prosecuted on the basis of a person's blood glucose levels.

A medical report from Swale's endocrinologist described him as an excellent patient who he saw three to four times a year, and who had missed just one appointment in 29 years.

He said Swale had, until now, avoided severe hypoglycaemia.

Mr Sonnet described the case as akin to someone driving while fatigued, and said he had formed the opposite view about its strength.

He also pointed out Swale had received a significant number of traffic tickets, but Mr Dann said the most serious was a one-month loss of licence in a 40-year driving career.

The court heard Swale had made his fortune working as an IT guru in New Zealand, where he was born. 

Mr Dann said Swale had started out his career selling photocopiers before building his fortune developing software for some of Australia's largest banks and energy companies. 

Vicky Sharma, the brother of Pratibha Sharma who was killed in the Daylesford crash,  arrives at the Melbourne Magistrates court on Friday

Bill Swale was granted bail after bringing in one of Australia's top barristers 

Bill Wale (right) appeared on a television program that showcased his wealth  

Swale is accused of ignoring repeated alerts to treat his low glucose levels for more than 50 minutes before his car ploughed into families outside the Royal Daylesford Hotel on November 5.

Pratibha Sharma, 44, her daughter Anvi, 9, partner Jatin Kumar, 30, their friend Vivek Bhatia, 38, and his son Vihaan, 11, all died when Swale's vehicle crashed into the pub after he suffered a diabetic episode.

Mr Bhatia's wife, a 36-year-old woman, and his other son, aged six, were injured and taken to hospital, and have since been released.

A 43-year-old Kyneton woman, a 38-year-old Cockatoo man and an 11-month-old baby boy were taken to hospital and have been discharged.

Sergeant Peter Romanis told the court Swale had been returning from a clay shooting tournament in Clunes when he stopped in Daylesford.

Swale, who was diagnosed with diabetes in 1994, scanned his blood glucose levels at 5.17pm which returned a low reading and an alarm sounded one minute later indicating he should check his levels.

CCTV footage showed him entering a restaurant opposite the pub a few minutes later asking for a table but returned to his car as there were none available.

Swale was then seen on CCTV at 5.42pm driving his car around the area before it crashed into the pub patrons about 6pm.

He will next appear at the Ballarat Magistrates' Court on April 18.

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