Daylesford beer garden crash victim Ruchi Bhatia plans protest after driver charges dismissed

A wife whose husband and child were killed when a car ploughed into a Victorian beer garden says it as though she has lost them all over again after all charges against a diabetic driver were struck out in court last week.

Ruchi Bhatia’s husband Vivek, their son Vihaan, 11, and their friends Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, died when William Swale mounted a kerb and drove into patrons seated outside the Royal Daylesford Hotel in November 2023.

Bhatia and her nine-year-old son survived, but only after the pair spent months in hospital fighting for life.

Speaking for the first time since the deadly incident, Bhatia expressed pain and said it feels like her life has been torn apart again.

She does not remember the crash but can recount the horrifying moment she woke in hospital to learn her husband and eldest son did not make it.

“Still today I don’t believe that they are not with me,” she told 7NEWS.

“We were just having fun, we were outside, we were all together and the next moment they were gone and I’m never going to see them again.”

Type-1 diabetic Swale, 66, argued he had suffered a “severe hypoglycaemic attack” while driving his white BMW SUV that crashed into patrons seated in the pub’s beer garden about 6.07pm on November 5.

Following the crash, a paramedic found Swale’s blood sugar level was below 1.1 — which a committal hearing at Ballarat Magistrates Court was told meant he was close to going into a coma or dying.

Prosecutor Jeremy McWilliams said Swale was a long-term diabetic who should have been aware of the risks of his blood sugar levels declining before he drove into the pub.

However, Magistrate Guillaume Bailin on Thursday afternoon found the prosecution case was flawed and decided not to commit Swale to stand criminal trial.

The magistrate was critical of the way the Crown had framed its case against Swale, which was that his negligence period began at 5.36pm and not earlier that day.

Because of this, Bailin said his decision was not about whether Swale was being negligent in ignoring warning signs about his declining blood sugar levels, or by driving without getting food.

“This was about one issue — were the actions of the accused from 5.36pm voluntary?” he said.

Bailin discharged the entire case, as he said there was not enough evidence to support a conviction by a jury on any of the 14 charges — including five counts of culpable driving causing death — against him.

Swale, who was previously on bail, walked free from court.

Bhatia is demanding answers and says her fight for justice is far from over.

“He stopped the car in the middle of the road — why did he start his engine again? I need answers for that,” she said.

Bhatia and her family are planning to protest, which will include a hunger strike.

They are aware that it will not bring any of the victims back but say they need some justice in order to move on.