A tragic incident involving a driver with diabetes who fatally struck five individuals outside a pub has taken a new turn. The driver, called as a witness at an inquest, intends to challenge the requirement to testify.

Last year, the charges against the driver, identified as Swale, were dismissed. The magistrate concluded that Swale’s actions were involuntary, and the prosecution’s case lacked sufficient strength to proceed.

Swale, who has type-1 diabetes, experienced a severe hypoglycaemic episode, losing consciousness while driving his BMW. Consequently, he veered onto the kerb, tragically crashing into two families enjoying a meal at the Royal Daylesford Hotel’s outdoor area.

The calamity claimed the lives of Pratibha Sharma, 44, her 9-year-old daughter Anvi, and her partner Jatin Kumar, 30. Their friend Vivek Bhatia, 38, and his 11-year-old son Vihaan were also among the deceased. Additionally, six other individuals sustained injuries in the devastating accident.

Pratibha Sharma, 44, her daughter Anvi, 9, and partner Jatin Kumar, 30, and their friend Vivek Bhatia, 38, and his son Vihaan, 11, were all killed, while six others were injured.

The inquest into their deaths has been set down for March, with Swale one of dozens of witnesses expected to be called to give evidence to the Coroners Court.

Swale, 68, had been contacted by the coroner to give a statement but a hearing in August was told he had exercised his legal right not to do so.

Counsel assisting Rishi Nathwani KC told a hearing today that Swale had filed an application to object to giving evidence at the inquest next year.

He said a hearing on Swale’s section 57 objection, where a witness objects to giving evidence on grounds it may be self-incriminating, will take place on December 16.

Swale’s lawyer Martin Amad asked if his client would have to attend court in person for his objection hearing.

“He has been summoned to appear on the 16th of December, he will be represented when submissions are made pursuant to section 57 of the act, just wondering if he is required to attend in person?” he asked the court.

“He may or may not wish to attend, I am just seeking some clarification.”

Nathwani said his “clear understanding” was Swale would be required to attend under the act, for the court to take his objection.

He said the inquest will examine the circumstances leading up to and after the crash, including Swale’s diabetes management, the food and drink he consumed, his insulin administration, blood glucose readings and alarms from his monitoring device.

“And to consider Mr Swale’s conduct on the 5th of November and whether it was consistent with safe driving practices,” he said.

The inquest will also probe safe driving recommendations, guidelines, education and public awareness for diabetic drivers, as well as outdoor dining and road safety.