ABC News (AU)

Hunter Valley wedding bus driver Brett Andrew Button granted bail after court hears of 'strong' prosecution case

ABC News (AU) logo ABC News (AU) 13.06.2023 04:23:52
People gather outside court before the hearing. (ABC News: Harriet Tatham)

The driver of a bus which crashed after a wedding in the NSW Hunter Valley on Sunday, killing 10 people, has been granted bail.

Brett Andrew Button, 58, will be released with strict conditions after a bail application before Cessnock Local Court on Tuesday morning.

Mr Button was driving the bus carrying 35 passengers when it overturned on Wine Country Drive, near the Hunter Expressway off-ramp at Greta about 11:30pm on Sunday.

Police allege the vehicle was travelling "too quick" when it entered a roundabout before overturning and hitting a guard rail.

Magistrate Robyn Richardson acknowledged a "strong" prosecution case for the 10 counts of dangerous driving occasioning death.

Police opposed bail arguing Mr Button may not appear before court if released.

The court heard 10 witnesses have given evidence about "prolonged dangerous driving" before the fatal crash.

Mr Button told passengers to fasten their seatbelts during that time, prosecutors told the court.

Magistrate Richardson noted police concerns but ordered Mr Button be released, saying that refusing an accused bail is not to be used as a "punishment".

"It does appear on the fact sheet before the court to be a strong case in relation to the charges of driving dangerously, occasioning death," the magistrate said.

"[There is] no doubt Mr Button has sat here in court head bowed.

"And it is clear to this court that he suffers along with the rest of the community ... and the court acknowledges the suffering of those members of the community, of the families and friends who have lost loved ones."

Mr Button appeared in court wearing a black hoodie and glasses.  

The 58-year-old broke down sobbing when the magistrate made her decision while his family, who were supporting him in court, let out an audible sigh of relief.

When asked outside court how Mr Button was dealing with the fallout, lawyer Christopher O'Brien said his client was "OK".

"I've spoken to my client, he's happy to be going home," Mr O'Brien said.

"In all of the circumstances he's doing quite well."

The bus was travelling from Wadin Estate Winery at Lovedale to Singleton with 35 wedding guests on board.

Authorities said seven of the people who died were Singleton locals.

The court heard 14 patients remain in hospitals across the state.

One is in a critical condition and two people are in intensive care.

Mr Button is also charged with one count of negligent driving occasioning death.

In granting bail, Magistrate Richardson said she held concerns for Mr Button's mental health and noted his strong community ties.

Mr Button had no criminal history and has agreed to abide by strict conditions, the court heard.

His bail conditions include having to be at his home between 8pm and 6am each day, unless accompanied by approved persons, and reporting to police three days per week.

He must also surrender his passport, not be within 5 kilometres of an international point of departure, and forfeit $10,000 if he fails to appear in court.

Mr Button must not sit in the driver's seat of a vehicle while on bail, and the court heard his licence had been suspended.

mardi 13 juin 2023 07:23:52 Categories: ABC News (AU)

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