Hunter Valley bus driver faces court
The driver behind the wheel of the bus that overturned on a Hunter Valley roundabout, claiming the lives of 10 and injuring dozens more, has faced Cessnock Local Court.
Brett Andrew Button was reportedly emotional as he was charged with 10 counts of dangerous driving occasioning death, as well as one count of negligent driving.
Strict bail conditions were imposed on the 58 year old, with Magistrate Robyn Richardson noting that Maitland local Button had significant connections to the area, while acknowledging the emotional weight now upon his shoulders. Additionally, she said that there was a strong prosecution case for the 11 charges.
Prosecutor Broom opposed an application for bail on the grounds that Button may not attend future court appearances and might interfere with witnesses, stating that 10 had already given evidence to police officials regarding Button’s “prolonged behaviour and dangerous driving, where he said ‘fasten your seatbelts’.”
“Bail is strongly opposed,” she said. “It is conceded he has [a] limited traffic record.
“There are seven offences over some 30 years of driving and no criminal record. This is a serious motor vehicle collision that resulted in the death of 10 persons.
“There are currently 14 victims in hospital, two in ICU, and the injuries range in variety - some include grievous bodily harm.”
Broom went on to inform the court that there was a “high likelihood” of further offences being laid before him, and of him serving full time custody.
However, Magistrate Richardson did grant bail, explaining that bail shouldn’t be denied as a punishment, and drew attention to the man in question, who she believed to be suffering in the wake of the tragedy.
“Mr Button has sat in court head down throughout these proceedings and it is clear to the court he suffers, along with the rest of his family,” she said.
“Button is deeply linked to his community and has support here today … I note the stringent proposed bail conditions.”
In accordance with those conditions, Button must abide to a curfew of 8 pm to 6 am unless he is with certain members of his family, report to the police three days each week, surrender his passports, remain at least 5 km from any international departure point, and refrain from applying for any travel documents.
Additionally, he had to put forward $10,000 surety for his bail, avoid both drugs and alcohol, and keep well away from the driver’s seat of any motor vehicle.
Before bail was granted, Acting Assistant Commissioner David Waddell shared that law enforcement would allege Button had been driving “too quick” for the conditions at the roundabout that night.
"He entered that roundabout driving in a manner that was inconsistent with the conditions," he said. "The speed was too quick for him to negotiate that roundabout, causing the vehicle to fall onto its left side and cause those injuries."
He went on to note that many of the officers who had been at the scene had been left “visibly distraught”, and that while there had been reports of fog in the area, he would not comment on whether or not visibility had been a factor.
"The whole conditions will be examined as part of the investigation," he said. "So, it will be about how the driver drove in relation to the conditions."
Button’s lawyer, Chris O’Brien, argued for both Button’s bail and his release, citing a number of medical conditions - including mental health concerns - though further information was not provided. He added that if the case were to go to trial, there was a chance it would see “long delays”.
Button is currently scheduled to face Newcastle Local Court on August 9.
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