A driver with diabetes, whose vehicle struck and killed five individuals outside a pub, is set to contest giving testimony after being summoned as a witness at an inquest.

Last year, all charges against the driver, Swale, were dismissed. A magistrate ruled that Swale’s actions were involuntary and deemed the prosecution’s case insufficient.

Swale’s attorney, Martin Amad, inquired whether his client needed to physically appear in court for the objection hearing.

“Swale has been called to appear on December 16th and will have representation during submissions under section 57 of the act,” Amad stated in court. “I am seeking clarification on whether his personal attendance is necessary.”

Judge Nathwani responded, indicating a “clear understanding” that Swale’s presence would be required by law for his objection to be formally registered.

Nathwani said his “clear understanding” was Swale would be required to attend under the act, for the court to take his objection.

He said the inquest will examine the circumstances leading up to and after the crash, including Swale’s diabetes management, the food and drink he consumed, his insulin administration, blood glucose readings and alarms from his monitoring device.

“And to consider Mr Swale’s conduct on the 5th of November and whether it was consistent with safe driving practices,” he said.

The inquest will also probe safe driving recommendations, guidelines, education and public awareness for diabetic drivers, as well as outdoor dining and road safety.