Hunter bus crash driver a no-show in court as 52 fresh charges formally laid
By Sarah McPhee
The driver of the bus that crashed in the Hunter Valley, in which 10 wedding guests were killed and scores more injured, has been excused from appearing in court due to “issues with his licence”, as the parents of one of the victims sat in the public gallery.
Brett Andrew Button, 58, has been charged with 63 offences over the June 11 tragedy including 10 counts of dangerous driving occasioning death.
Fifty-two of the charges against Button were formally laid in court on Wednesday, primarily related to the surviving passengers, including nine counts of dangerous driving occasioning grievous bodily harm, nine counts of negligent driving occasioning grievous bodily harm, and 25 counts of causing bodily harm by misconduct while in charge of a motor vehicle.
The bus passengers had attended the wedding of Maddy Edsell and Mitchell Gaffney at Wandin Estate winery in Lovedale. They were travelling on Wine Country Drive at Greta when the coach carrying 35 passengers rolled over at a roundabout near the Hunter Expressway off-ramp about 11.30pm.
At a brief mention of the case in Newcastle Local Court on Wednesday, Button’s lawyer Jemma O’Brien said her client was excused from appearing, and asked that he be excused on the next occasion as there are “some issues with his licence ... [and] getting here”.
Rebecca Mullen died in the bus crash in the Hunter Valley. Her parents were in court on Wednesday.Credit: Facebook
This was unopposed by prosecutor Marnie Watts and noted by magistrate Janine Lacy. The court previously heard Button’s licence was suspended following the fatal crash.
Seated in the public gallery were Matt and Leanne Mullen, the parents of junior doctor Rebecca Mullen who was killed in the crash. They did not speak when they left the court building.
The magistrate said material had also been produced in response to subpoenas issued by police to Linq Buslines – the bus company that ran the 57-seat Volvo coach – and Northern Integrated Pain Management.
According to its website, the Newcastle and Hunter region business involves doctors, nurses, exercise physiologists and pain psychologist teams “who collaboratively treat a range of pain types”.
Court documents, seen by this masthead, name the 25 passengers who survived but were injured when Button allegedly drove recklessly between 11.30pm and 11.37pm, causing the bus to “roll onto its nearside causing bodily harm”.
Matt and Leanne Mullen, the parents of crash victim Bec Mullen, leave Newcastle Local Court.Credit: Peter Stoop
The depots of Linq Buslines were raided after the tragedy.
The magistrate granted the parties access to the subpoenaed material and allowed first access by the police.
The court also heard a partial brief of evidence had been served, but expert evidence was outstanding.
Lacy granted an extended adjournment to October 4 “for the expert material to be obtained”.
Victims from the crash include married parents Andrew and Lynan Scott, mother and daughter Kyah and Nadene McBride and bowel cancer survivor Zach Bray.
Button was granted bail on June 13, when Cessnock Local Court heard he had allegedly told passengers “fasten your seatbelts” before the crash. Witnesses alleged he had engaged in a “prolonged” period of unsafe driving, the prosecutor said.
Police previously said it would be alleged in court that Button had “entered that roundabout driving in a manner that was inconsistent with the conditions”.
Ten people were killed in the bus crash in the Hunter Valley.Credit: Nick Moir
“Investigations into the circumstances surrounding the crash are ongoing,” police said in a statement on Wednesday.
Button’s bail conditions include a curfew between 8pm to 6am unless in the company of particular people, reporting to police three times a week and not occupying the driver’s seat of any vehicle.
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