Victorian prosecutors person ruled retired straight indicting William Swale aft charges implicit a fearfulness fatal pub clang were thrown retired of court.
The 66-year-old was charged with driving offences aft his BMW SUV ploughed done a brew plot extracurricular The Royal Daylesford Hotel connected November 5 past year.
Five radical were killed successful the clang and six others were injured.
A type-1 diabetic for 3 decades, Mr Swale was recovered successful a authorities of terrible hypoglycemia aft the crash.
Mr Swale successfully fought to person the charges dismissed during a committal proceeding successful the Ballarat Magistrates’ Court successful September, wherever a magistrate ruled the grounds was “so weak” that nary tenable assemblage could convict.
After the decision, Victoria’s Office of Public Prosecutions said they would reappraisal the lawsuit and see whether it should nevertheless proceed to trial.
Under the transgression process act, prosecutors person powers to record charges straight successful a superior tribunal if a magistrate dismisses a lawsuit successful what’s known arsenic a nonstop indictment.
On Friday, the Office of Public Prosecutions published a connection announcing that a nonstop indictment volition not beryllium filed.
“The experts’ grounds connected this constituent efficaciously deprived the Crown lawsuit of tenable prospects of success,” the connection read.
“This determination has been conveyed and explained to the victims and victims’ families.
“We recognize that this is not the result they were hoping for and admit that they person been profoundly affected by this event. “We widen our sympathies to each who person been impacted by this unspeakable incident.”