Inquest into Daylesford hotel crash to probe safety of outdoor dining
Seated in the Coroner's Court of Victoria for the hearing this week were lawyers for Swale, the Hepburn Shire Council and one of Swale's doctors.
Nathwani, in addressing the coroner, also acknowledged the presence of the families of those killed in the November 5, 2023 crash, and those injured in the crash.
'I'm sorry for your loss and acknowledge your trauma and your suffering,' he said.
'The impact and scars from that day will remain.'
Nathwani said as part of the future inquest, public health and safety recommendations could be made to help reduce preventable deaths in the future.
Further expert material would also likely be obtained ahead of the inquest in March.
He reminded the coroner that on November 5, 2023, Swale was driving a white BMW after earlier attending a target shooting competition at Clunes.
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At 5.17pm he checked his blood glucose monitor, connected to his mobile phone, while returning a reading of 2.9. He then left his car and entered a nearby deli but left when he was told there were no spare tables.
About 5.35pm he drove towards the bowling club nearby, stopping in the middle of the road and narrowly avoiding crashing into an oncoming car.
At 5.43pm he then headed west, downhill, towards patrons seated below, striking several people. He stopped nearby after colliding with a metal pole.
'There were no bollards or fences separating the grass area to the road,' Nathwani said.
After witnesses ran 100 metres to the nearby police station to raise the alarm, police and emergency services said they found a barely responsive Swale in the driver's seat, sweaty and experiencing a diabetic episode.
Nathwani said a clear ziplock bag with dried fruit and nuts inside was in the car. No faults were found with the car.
A police investigation found Swale's phone received 10 blood glucose alarms indicating his levels were low over about a 30-minute period before the fatal crash.
Nathwani said the inquest was expected to examine the safety of patrons seated outside the hotel, the safety of drivers with type-1 diabetes, relevant guidelines, education and public awareness.
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The Advertiser
20 hours ago
- The Advertiser
Apprentice never came home from work after supervisor's 'reckless, negligent choices'
THE mother of a young man killed when his supervisor lost control on a bend and slammed into a power pole at Cardiff has faced the driver in court and said her son's tragic death was the result of "gross, avoidable negligence". Apprentice carpenter Jacob Mostyn, 19, went to work and never came home on November 3, 2023, and now his mother, Christine, says she is living every parent's worst nightmare. Jacob's supervisor, 36-year-old Jeremy Howard, pleaded guilty to negligent driving occasioning death after he lost control of his BMW on a sweeping bend at Munibung Road at Cardiff and slid into a power pole. Jacob, a passenger in the car, was critically injured and died in hospital 11 days later. Howard faced a sentence hearing in Belmont Local Court on Thursday, during which Christine read a powerful victim impact statement, outlining the devastation the crash had caused her family and the promising young man Howard's "reckless choices" had taken away. "Jacob was a passenger in a vehicle driven by his supervisor," Christine said. "Someone entrusted with leadership, responsibility, and the safety of others. "But instead of exercising that duty with care, his supervisor made reckless, negligent choices behind the wheel. "Choices that cost Jacob his life. "Choices that shattered me, my family and his friends forever." Christine described getting the phone call about the crash and the realisation that "every parent's worst nightmare had just become my reality". "I can't describe to you what it's like to bury your child," Christine said. "There is no word in the English language for a parent who loses their child, because it is not supposed to happen. "It's unnatural. It's unbearable. This is my nightmare." Christine detailed all the important life events that had been stolen from her son, from finishing his apprenticeship to buying a home and having a family. "He didn't get to live," she said. "This was all stolen from him and us in a split second." She stressed that her son was not a statistic, that his life mattered and that his death was avoidable. "What makes this so much worse is knowing that his death didn't have to happen," Christine said. "The driver, Jeremy, made decisions that endangered not only my son's life but his own and everyone else on the road that day. "This was negligence. "Gross, avoidable negligence. "The kind that deserves accountability." Finally, with a framed photograph of her son held aloft beside her, she spoke directly to Howard. "I don't hate you," Christine said. "I don't know if I will ever be able to forgive you, but I want you to understand something; you didn't just end my son's life, you ended mine in many ways, too. "You took away my reason for getting up in the morning. "You took away a brother, a grandson, a friend, a mate, a partner, and a young man with so much life left to live. "I hope that you carry that weight every day. "And I hope that, one day, you truly understand the full consequences of what you have done." Crown prosecutor Jillian Kelton had argued the crash involved a significant degree of negligence because Howard was driving too quickly for the sweeping curve, was fatigued and had deactivated the BMW's traction control system, which she said may have prevented the crash. But defence barrister, Ben Bickford, said the degree of negligence was at a lower level and Howard had made an error in judgment and the impact with the pole had occurred a second after he lost traction. Magistrate Stephen Olischlager found the degree of negligence was significant but said Howard had no prior criminal record and was unlikely to re-offend. He said Howard would have to live with causing Jacob's death for the rest of his life and had the physical scars as a reminder of his mistake. Mr Olischlager said he would impose a nine-month sentence, but adjourned the matter until October to see whether Howard is suitable to serve the sentence in home detention as part of an intensive corrections order. THE mother of a young man killed when his supervisor lost control on a bend and slammed into a power pole at Cardiff has faced the driver in court and said her son's tragic death was the result of "gross, avoidable negligence". Apprentice carpenter Jacob Mostyn, 19, went to work and never came home on November 3, 2023, and now his mother, Christine, says she is living every parent's worst nightmare. Jacob's supervisor, 36-year-old Jeremy Howard, pleaded guilty to negligent driving occasioning death after he lost control of his BMW on a sweeping bend at Munibung Road at Cardiff and slid into a power pole. Jacob, a passenger in the car, was critically injured and died in hospital 11 days later. Howard faced a sentence hearing in Belmont Local Court on Thursday, during which Christine read a powerful victim impact statement, outlining the devastation the crash had caused her family and the promising young man Howard's "reckless choices" had taken away. "Jacob was a passenger in a vehicle driven by his supervisor," Christine said. "Someone entrusted with leadership, responsibility, and the safety of others. "But instead of exercising that duty with care, his supervisor made reckless, negligent choices behind the wheel. "Choices that cost Jacob his life. "Choices that shattered me, my family and his friends forever." Christine described getting the phone call about the crash and the realisation that "every parent's worst nightmare had just become my reality". "I can't describe to you what it's like to bury your child," Christine said. "There is no word in the English language for a parent who loses their child, because it is not supposed to happen. "It's unnatural. It's unbearable. This is my nightmare." Christine detailed all the important life events that had been stolen from her son, from finishing his apprenticeship to buying a home and having a family. "He didn't get to live," she said. "This was all stolen from him and us in a split second." She stressed that her son was not a statistic, that his life mattered and that his death was avoidable. "What makes this so much worse is knowing that his death didn't have to happen," Christine said. "The driver, Jeremy, made decisions that endangered not only my son's life but his own and everyone else on the road that day. "This was negligence. "Gross, avoidable negligence. "The kind that deserves accountability." Finally, with a framed photograph of her son held aloft beside her, she spoke directly to Howard. "I don't hate you," Christine said. "I don't know if I will ever be able to forgive you, but I want you to understand something; you didn't just end my son's life, you ended mine in many ways, too. "You took away my reason for getting up in the morning. "You took away a brother, a grandson, a friend, a mate, a partner, and a young man with so much life left to live. "I hope that you carry that weight every day. "And I hope that, one day, you truly understand the full consequences of what you have done." Crown prosecutor Jillian Kelton had argued the crash involved a significant degree of negligence because Howard was driving too quickly for the sweeping curve, was fatigued and had deactivated the BMW's traction control system, which she said may have prevented the crash. But defence barrister, Ben Bickford, said the degree of negligence was at a lower level and Howard had made an error in judgment and the impact with the pole had occurred a second after he lost traction. Magistrate Stephen Olischlager found the degree of negligence was significant but said Howard had no prior criminal record and was unlikely to re-offend. He said Howard would have to live with causing Jacob's death for the rest of his life and had the physical scars as a reminder of his mistake. Mr Olischlager said he would impose a nine-month sentence, but adjourned the matter until October to see whether Howard is suitable to serve the sentence in home detention as part of an intensive corrections order. THE mother of a young man killed when his supervisor lost control on a bend and slammed into a power pole at Cardiff has faced the driver in court and said her son's tragic death was the result of "gross, avoidable negligence". Apprentice carpenter Jacob Mostyn, 19, went to work and never came home on November 3, 2023, and now his mother, Christine, says she is living every parent's worst nightmare. Jacob's supervisor, 36-year-old Jeremy Howard, pleaded guilty to negligent driving occasioning death after he lost control of his BMW on a sweeping bend at Munibung Road at Cardiff and slid into a power pole. Jacob, a passenger in the car, was critically injured and died in hospital 11 days later. Howard faced a sentence hearing in Belmont Local Court on Thursday, during which Christine read a powerful victim impact statement, outlining the devastation the crash had caused her family and the promising young man Howard's "reckless choices" had taken away. "Jacob was a passenger in a vehicle driven by his supervisor," Christine said. "Someone entrusted with leadership, responsibility, and the safety of others. "But instead of exercising that duty with care, his supervisor made reckless, negligent choices behind the wheel. "Choices that cost Jacob his life. "Choices that shattered me, my family and his friends forever." Christine described getting the phone call about the crash and the realisation that "every parent's worst nightmare had just become my reality". "I can't describe to you what it's like to bury your child," Christine said. "There is no word in the English language for a parent who loses their child, because it is not supposed to happen. "It's unnatural. It's unbearable. This is my nightmare." Christine detailed all the important life events that had been stolen from her son, from finishing his apprenticeship to buying a home and having a family. "He didn't get to live," she said. "This was all stolen from him and us in a split second." She stressed that her son was not a statistic, that his life mattered and that his death was avoidable. "What makes this so much worse is knowing that his death didn't have to happen," Christine said. "The driver, Jeremy, made decisions that endangered not only my son's life but his own and everyone else on the road that day. "This was negligence. "Gross, avoidable negligence. "The kind that deserves accountability." Finally, with a framed photograph of her son held aloft beside her, she spoke directly to Howard. "I don't hate you," Christine said. "I don't know if I will ever be able to forgive you, but I want you to understand something; you didn't just end my son's life, you ended mine in many ways, too. "You took away my reason for getting up in the morning. "You took away a brother, a grandson, a friend, a mate, a partner, and a young man with so much life left to live. "I hope that you carry that weight every day. "And I hope that, one day, you truly understand the full consequences of what you have done." Crown prosecutor Jillian Kelton had argued the crash involved a significant degree of negligence because Howard was driving too quickly for the sweeping curve, was fatigued and had deactivated the BMW's traction control system, which she said may have prevented the crash. But defence barrister, Ben Bickford, said the degree of negligence was at a lower level and Howard had made an error in judgment and the impact with the pole had occurred a second after he lost traction. Magistrate Stephen Olischlager found the degree of negligence was significant but said Howard had no prior criminal record and was unlikely to re-offend. He said Howard would have to live with causing Jacob's death for the rest of his life and had the physical scars as a reminder of his mistake. Mr Olischlager said he would impose a nine-month sentence, but adjourned the matter until October to see whether Howard is suitable to serve the sentence in home detention as part of an intensive corrections order. THE mother of a young man killed when his supervisor lost control on a bend and slammed into a power pole at Cardiff has faced the driver in court and said her son's tragic death was the result of "gross, avoidable negligence". Apprentice carpenter Jacob Mostyn, 19, went to work and never came home on November 3, 2023, and now his mother, Christine, says she is living every parent's worst nightmare. Jacob's supervisor, 36-year-old Jeremy Howard, pleaded guilty to negligent driving occasioning death after he lost control of his BMW on a sweeping bend at Munibung Road at Cardiff and slid into a power pole. Jacob, a passenger in the car, was critically injured and died in hospital 11 days later. Howard faced a sentence hearing in Belmont Local Court on Thursday, during which Christine read a powerful victim impact statement, outlining the devastation the crash had caused her family and the promising young man Howard's "reckless choices" had taken away. "Jacob was a passenger in a vehicle driven by his supervisor," Christine said. "Someone entrusted with leadership, responsibility, and the safety of others. "But instead of exercising that duty with care, his supervisor made reckless, negligent choices behind the wheel. "Choices that cost Jacob his life. "Choices that shattered me, my family and his friends forever." Christine described getting the phone call about the crash and the realisation that "every parent's worst nightmare had just become my reality". "I can't describe to you what it's like to bury your child," Christine said. "There is no word in the English language for a parent who loses their child, because it is not supposed to happen. "It's unnatural. It's unbearable. This is my nightmare." Christine detailed all the important life events that had been stolen from her son, from finishing his apprenticeship to buying a home and having a family. "He didn't get to live," she said. "This was all stolen from him and us in a split second." She stressed that her son was not a statistic, that his life mattered and that his death was avoidable. "What makes this so much worse is knowing that his death didn't have to happen," Christine said. "The driver, Jeremy, made decisions that endangered not only my son's life but his own and everyone else on the road that day. "This was negligence. "Gross, avoidable negligence. "The kind that deserves accountability." Finally, with a framed photograph of her son held aloft beside her, she spoke directly to Howard. "I don't hate you," Christine said. "I don't know if I will ever be able to forgive you, but I want you to understand something; you didn't just end my son's life, you ended mine in many ways, too. "You took away my reason for getting up in the morning. "You took away a brother, a grandson, a friend, a mate, a partner, and a young man with so much life left to live. "I hope that you carry that weight every day. "And I hope that, one day, you truly understand the full consequences of what you have done." Crown prosecutor Jillian Kelton had argued the crash involved a significant degree of negligence because Howard was driving too quickly for the sweeping curve, was fatigued and had deactivated the BMW's traction control system, which she said may have prevented the crash. But defence barrister, Ben Bickford, said the degree of negligence was at a lower level and Howard had made an error in judgment and the impact with the pole had occurred a second after he lost traction. Magistrate Stephen Olischlager found the degree of negligence was significant but said Howard had no prior criminal record and was unlikely to re-offend. He said Howard would have to live with causing Jacob's death for the rest of his life and had the physical scars as a reminder of his mistake. Mr Olischlager said he would impose a nine-month sentence, but adjourned the matter until October to see whether Howard is suitable to serve the sentence in home detention as part of an intensive corrections order.
Herald Sun
6 days ago
- Herald Sun
Western Sydney medical centre wrecked after teen allegedly crashes stolen car after cop chase
Don't miss out on the headlines from Breaking News. Followed categories will be added to My News. A teenager has been charged after allegedly crashing a stolen BMW into a medical centre and causing extensive damage following a police chase through Sydney's west. About 11.30PM on Friday, police attempted to stop the SUV, which they allege was stolen from a Cambridge Park hotel that night, on the Northern Rd, Cranebrook. When the driver allegedly failed to stop, police initiated a pursuit but terminated it a short-time later due to safety concerns. A teenager has been charged after allegedly crashing a stolen BMW into a medical centre. Picture: Nine News The crash caused extensive damage. Picture: Nine News Police allege the BMW later collided with a Mitsubishi SUV on the Great Western Hwy at St Marys, before crashing into a nearby medical centre. The alleged driver – a 16-year-old boy – was arrested at the scene with the assistance of the Dog Squad after attempting to hide in the centre. He was treated at the scene by paramedics before being taken to hospital under police guard. The teen was later charged with police pursuit not stop drive dangerously, take/drive conveyance without consent of owner, and never licenced person drive vehicle on road. The incident occurred shortly after midnight in Sydney's west. Picture: Nine News The alleged driver was due to face court today. Picture: Nine News He to appear before children's court on Saturday. The driver of the Mitsubishi – a 39-year-old woman – was also treated at the scene, but was not taken to hospital. The Traffic and Highway Patrol Command have since established a crime scene with Strike Force Puma to investigate the incident. Images of the medical centre obtained by 7News showed extensive destruction, including a broken sign and debris strewn across the floor. Originally published as Western Sydney medical centre wrecked after teen allegedly crashes stolen car after cop chase
Perth Now
6 days ago
- Perth Now
Medical centre wrecked by alleged teen driver
A teenager has been charged after allegedly crashing a stolen BMW into a medical centre and causing extensive damage following a police chase through Sydney's west. About 11.30PM on Friday, police attempted to stop the SUV, which they allege was stolen from a Cambridge Park hotel that night, on the Northern Rd, Cranebrook. When the driver allegedly failed to stop, police initiated a pursuit but terminated it a short-time later due to safety concerns. A teenager has been charged after allegedly crashing a stolen BMW into a medical centre. Nine News Credit: Channel 9 The crash caused extensive damage. Nine News Credit: Channel 9 Police allege the BMW later collided with a Mitsubishi SUV on the Great Western Hwy at St Marys, before crashing into a nearby medical centre. The alleged driver – a 16-year-old boy – was arrested at the scene with the assistance of the Dog Squad after attempting to hide in the centre. He was treated at the scene by paramedics before being taken to hospital under police guard. The teen was later charged with police pursuit not stop drive dangerously, take/drive conveyance without consent of owner, and never licenced person drive vehicle on road. The incident occurred shortly after midnight in Sydney's west. Nine News Credit: Channel 9 The alleged driver was due to face court today. Nine News Credit: Channel 9 He to appear before children's court on Saturday. The driver of the Mitsubishi – a 39-year-old woman – was also treated at the scene, but was not taken to hospital. The Traffic and Highway Patrol Command have since established a crime scene with Strike Force Puma to investigate the incident. Images of the medical centre obtained by 7News showed extensive destruction, including a broken sign and debris strewn across the floor.
