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A lawyer representing the driver who fatally struck five people outside a beer garden in Daylesford has said he is an insulin-dependent diabetic who required treatment for the condition at the scene of the tragedy.

Major collision investigations unit detectives interviewed the 66-year-old man from Mount Macedon on Tuesday night, after a white BMW SUV he was driving ploughed into patrons sitting outside the Royal Daylesford Hotel, leaving five dead and another five injured.

Five people were killed in the crash.Credit: Joe Armao

His lawyer, Martin Amad, said the man was deeply distressed by the tragedy and felt great empathy for the victims’ families and friends.

“What happened in Daylesford on Sunday, November 5, was a terrible tragedy. My client has been interviewed by Victoria Police. He has not been charged with any offence. It’s anticipated that the investigation will take some time,” Amad said.

Amad said his client was an insulin-dependent diabetic, who required immediate treatment by paramedics at the scene of the crash. Police have previously said the driver was not under the influence of alcohol at the time.

The driver was travelling westward along Albert Street when he missed a sharp right-hand bend, mounted the kerb, and drove into patrons sitting outside the Royal Daylesford Hotel.

Vihaan Bhatia, 11 and his father, Vivek Bhatia, 38, died at the scene, alongside family friends Pratibha Sharma, 44, and Jatin Chugh, 30. Sharma’s nine-year-old daughter, Anvi, was taken to hospital, where she later died.

Vihaan’s mother, Ruchi Bhatia, remains in the intensive care unit at the Royal Melbourne Hospital, while his brother Abeer is being treated for leg fractures and internal injuries at the Royal Children’s Hospital.

More to come.

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