A number of news sources, including the Ballarat Courier, have reported that the threat of a potential private criminal prosecution has delayed the coroner’s inquest in the Daylesford car crash tragedy that claimed five lives in 2023.
It is reported that a member of the public has foreshadowed a private criminal prosecution regarding the validity of the the outdoor seating permits at the Royal Hotel when the crash occurred.
Legal arguments presented to the court indicated that Council director of development Ron Torres may be included in the potential prosecution. He was due to testify at the coronial inquiry, but there were concerns that his testimony at the inquest could infringe on his rights in any potential private prosecution.hearings.
The inquest is investigating the circumstances that led to William Swales, who has type 1 diabetes, losing control of his vehicle due to hypoglycaemia and crashing into diners in the area outside the Royal Hotel on November 5, 2023, killing Vivek Bhatia, 38, his son Vihaan Bhatia, 11, alongside Pratibha Sharma, 44, Jatin Kumar, 30, and Ms Sharma’s daughter Anvi, 9.
The Coroner, Dimitra Dubrow ruled that in the light of the new information foreshadowing a private prosecution, an adjournment was necessary to provide Mr Torres with an opportunity to address the issues that had might be raised.
The overwhelming majority of criminal prosecutions are started by the Victoria Police or the Office of Public Prosecutions. Private criminal prosecutions are a rarely used legal procedure that allow private citizens to bypass the police and the public prosecutor to bring criminal charges against someone. The right to a private prosecution is a historical safeguard in circumstances where the state declines to act.
Unlike a civil case where applicants sue for damages and compensation, private prosecutions file criminal charges in the Magistrate’s Court where it is then decided whether there is sufficient evidence to actually proceed to trial.
Even if a private citizen successfully starts a case, they do not have total control. The Director of Public Prosecutions has the power to step in at any time either to take over the case, or discontinue it if there is no reasonable prospect of a conviction, or the case is not in the public interest.
The media reports have not provided information on the potential charges which might be included in a private prosecution in relation to the Daylesford Tragedy.
The inquest is scheduled to resume on May 8.
Related story https://thewombatpost.com.au/incomprehensible-tragedy-driver-apologises-as-daylesford-inquest-begins/
