On 19 September 2024, the Magistrates’ Court found that there was insufficient evidence to commit Mr Swale to stand trial.
Two medical experts gave evidence at the committal that they could not rule out that Mr Swale, a long-term type 1 diabetic, was suffering a severe hypoglycaemic episode that commenced before the relevant driving leading to the collision. The implication of this evidence was that it was possible Mr Swale was so impaired throughout the relevant period as to be incapable of acting consciously.
The experts’ evidence on this point effectively deprived the Crown case of reasonable prospects of success.
Consideration has been given to directly indicting Mr Swale on the charges filed. Having now conducted a review of the Crown case the decision has been made that a direct indictment will not be filed.
This decision has been conveyed and explained to the victims and victims’ families. We understand that this is not the outcome they were hoping for and acknowledge that they have been profoundly affected by this event.
We extend our sympathies to all who have been impacted by this terrible incident.