There's anger and confusion over a magistrate's decision to throw out charges against a driver who caused the deaths of five people outside a Victorian pub. Taxpayers will also have to foot the bill for William Swale's legal fees as prosecutors decide whether they can force him back to court.
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00:00A reminder of the five lives lost outside this pub in a tragedy many still struggle
00:07to understand.
00:09In November last year, an SUV flew off the road, killing Pratibha Sharma, her daughter
00:14Anvi and partner Jatin Kumar, as well as Vivek and Vahan Bhatia.
00:19Yesterday, the man behind the wheel walked free, a magistrate throwing out the charges
00:24against him.
00:25It's a range of emotions, it's upsetting, it's concerning, it's a bit confusing.
00:31I think the whole community is very, very angry with what's happened, what transpired
00:35yesterday.
00:37Preet Singh was friends with the crash victims and helped raise money for their families.
00:41It's five innocent lives that have been lost and the drivers just got away with nothing.
00:47I think the community expects people to be held accountable for their actions and in
00:54this case the individual was, they were brought before a court and the court made a decision.
00:59William Swale's diabetic condition was at the centre of a highly technical decision
01:03to dismiss the case at the committal stage.
01:06Before the crash, his blood sugar levels were dangerously low and his mental state was impaired.
01:12But at the critical time he got behind the wheel, the magistrate said the prosecution
01:16couldn't prove Mr Swale was in control of his actions.
01:20In all cases a magistrate is required to assess the evidence and see if that evidence
01:25supports a conviction.
01:28It doesn't happen very often that that evidence isn't of that standard.
01:31Not only were William Swale's charges dismissed, but costs will also be awarded against the
01:37prosecution.
01:38It means that taxpayers will have to foot the bill for thousands of dollars of the driver's
01:43legal fees.
01:45The crash victims' families are considering further legal action and prosecutors are also
01:49weighing up whether to force Mr Swale back to court.
01:53If they do, they'll have to use a rarely seen legal manoeuvre called a direct indictment.
01:58In effect it means the director has the ability to bring the case to trial even though the
02:03magistrate has discharged that accused.
02:05I hope that there is some sort of avenue available for the families to take this further and
02:12get proper justice.