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A real estate tycoon caught in a horrific crash that killed five people and injured seven others is facing a major blow to his finances.
Diabetic Bill Swale, 66, is accused of ignoring repeated warnings to treat his low glucose levels for more than 50 minutes before his car plowed into families outside the Royal Daylesford Hotel on November 5.
He was released on community bail on Friday, where he was expected to retire to the serene surroundings of his compound in Mount Macedon.
Bill Swale, 66, allegedly drove his car into a group of diners in what his lawyer says was a “tragic accident.”
On Monday, Swale was charged with five counts of culpable driving causing death, two counts of negligently causing serious injury and seven counts of reckless conduct endangering life.
He was initially arrested and locked up in cells at Melbourne West Police Station before being transferred to the feared Melbourne Assessment Prison.
While Swale was represented by lawyer Martin Amad on Monday during his initial bail hearing at the Melbourne Magistrates Court, Prominent criminal lawyer Dermot Dann, KC, had taken over his defense on Friday morning.
Dann is considered one of the country’s best criminal defenders and the man responsible for clearing the name of once-convicted murderer Katia Pyliotis.
He is also currently defending former Jetstar pilot Greg Lynn, accused of killing secret lover campers Russell Hill and Carol Clay.
Mr Dann’s legal bill is likely to run into hundreds of thousands of dollars if the matter goes to trial in County Court as expected.
It is understood Mr Dann often receives sums of just under $7,000 a day for appearing at the county court.
But win or lose, Swale faces civil action from survivors and the families of those who died in the devastating crash.
George Balot’s leading criminal lawyer, Balot Reilly Criminal Lawyers, stated that the right to initiate civil proceedings is not affected by the ongoing criminal proceedings.
“It does not take away or affect any person’s right to recover damages for any expenses or other matter to the extent that they are dissatisfied with the payment or recovery of compensation,” he told Daily Mail Australia.
Bill Swale made his fortune developing software for large companies
One of Swale’s mansions that sold for more than $3 million
Balot said criminal prosecutions for at-fault driving often take between 18 months and two years to come to trial in the Victoria County Court.
“Challenging a criminal trial is an expensive process when you inform a king’s lawyer,” he said.
“A basic estimate of the cost of a King’s Counsel for a week-long inquest hearing in the magistrates’ court, where the defense examines evidence, plus 10 to 12 days of a contested trial, excluding the costs of lawyers, it would be more than $150,000.’
Balot said the tragic deaths and injuries would also likely be the subject of huge claims from the TAC (Transport Accident Commission), which is funded by registration premiums imposed on Victorian drivers.
“As far as property damage is concerned, third-party insurance coverage will cover property loss and damage. If (Swale) doesn’t have it, he will pay a high price for the loss of property,” Balot said.
Daily Mail Australia revealed on Tuesday that Swale had lived a carefree life among the picturesque trees of the Macedon Ranges for years.
Located less than an hour from Melbourne, the region is known for its stunning rural views, rolling landscapes, stunning heritage gardens and cool climate craft wineries and gins.
Swale and his wife, Thea, had been buying and selling multimillion-dollar properties in and around the region for years.
This Woodend property was featured on a television programme.
In November, the couple sold a house titled Tower House in Kyneton for an estimated $3 million, and just a few years earlier they offloaded another $3 million-plus property called Grayton House in Woodend.
Swale appeared on Channel Seven travel show A Moveable Feast in 2017, where he showed off the Grayton property to radio presenter Ross Stevenson and co-presenter Kate Stevenson.
Swale has been a member of the Cobaw Sporting Club, a shooting club in the Macedon Ranges where hunters embark on escapes similar to those of British lords.
Social media pictures show members arriving to hunt in limousines and posing with dead birds while decked out in the finest British hunting gear.
The Director of Public Prosecutions could also limit your ability to sell your property unless you are cleared of charges.
“In Victoria, the Public Prosecutor’s Office may apply, under the Confiscation Act 1997, to seize any property owned by an offender to satisfy any compensation order that may be made under the Sentencing Act 1991, Part 4,” Mr. Balot said.
“If arrested, the offender will not be able to take care of or dispose of the property until he is acquitted of the charges or, if found guilty, the request for compensation is determined.”
On Friday, Swale appeared dressed in green from Melbourne Assessment Prison.
The prison is known among the criminal fraternity as a “hellhole” where inmates go awaiting trial.
Swale spent five days behind bars before being released on Friday afternoon.
Swale sold this Kyneton property in March this year.
The Woodend estate sold by the Swale family
Before his release, the court heard new details about how New Zealand-born Swale earned his fortune.
Dann said Swale emigrated to Australia in 1979 when he was 22 after completing a science degree.
Upon arriving in Australia, Swale got a job selling photocopiers before making the leap into the information technology industry.
The court heard Swale created software for the medical industry, supporting clinics and hospitals for a decade.
His next job took him to work as an account manager at a software company providing services to banks including NAB and several New Zealand institutions.
After 15 years in that role, he moved on to another IT company that specialized in providing services to energy companies.
‘We will say that he has a very good work history. He has been very successful,” Mr Dann told the court.
At the time of the Daylesford accident, Swale was enjoying his retirement among the hills of Mount Macedon.
Swale was returning from a clay shooting tournament in Clunes when he stopped in Daylesford on the day of the accident.
Bill Swale (left) appeared on a television show that showed off his wealth.
The court heard that despite Swale’s life of luxury, he had repeatedly disobeyed the law in his adopted country.
Dann admitted Swale had a long history of speeding violations, including 32 tickets and a one-month license suspension 34 years ago.
In advocating for Swale’s release on bail, Dann boasted that his client’s family could provide bail of half a million dollars.
But when magistrate Brett Sonnett asked Swale’s wife to come up with the money, offsider Dann changed his mind.
“Neither party urges it on its honor,” Mr. Amad said.
“The only thing I can say about it is that there is no accusation (he will flee the country).”
When Sonnett insisted, Amad said Swale’s wife would have a hard time getting the money.
“Would your honor consider $200,000?” -asked Mr. Amad.
“$250,000,” Mr. Sonnett responded.
“Deal,” was the response.
Swale will return to court in April next year.
Dermot Dann, KC took over Swale’s bail application on Friday
Prominent criminal lawyer George Balot, of Balot Reilly Criminal Lawyers, believes the victims could point to Swale’s wealth.