Brett Andrew Button granted bail after facing court over Hunter Valley bus crash

A bus driver allegedly uttered three words to his passengers moments before losing control of the vehicle and crashing, a court has heard.

The driver of the horror crash that killed 10 people allegedly said “fasten your seatbelt” to his passengers just before the fatal moment.

Brett Andrew Button, 58, sobbed as he was granted bail in Cessnock Local Court after a bus carrying 35 people overturned on a roundabout in NSW’s Hunter Valley on Sunday night.

Button, who appeared in court in a black jumper and was supported by members of his family, was charged with 10 counts of dangerous driving occasioning death and one count of negligent driving.

Opposing an application for bail, Prosecutor Ms Broom said 10 witnesses gave evidence to police about Button’s “prolonged behaviour and dangerous driving, where he said ‘fasten your seatbelts’.”

“Bail is strongly opposed. It is conceded he has limited traffic record,” Ms Broom said, while Button sat with his head bowed.

“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.”

Ms Broom opposed bail on the grounds there was a risk Button would fail to appear to future court appearances and interfere with witnesses.

Brett Andrew Button’s family members leave court after the bus driver was granted bail. They clashed with waiting media before entering a car. Picture: Nine News

She told the court further strictly indictable offences would likely be laid and there was a “high likelihood” he would serve full time custody”.

But Magistrate Robyn Richardson ultimately granted him bail, saying bail should not be denied as punishment, noting the “onerous” conditions and saying his mental health was of concern.

“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.”

Those conditions include abiding to a curfew of 8pm and 6am unless in the company of certain family members, reporting to police three days a week, surrendering any passports to the officer in charge, not applying for any travel documents and not going within 5km of any international departure point.

Mr Button was ordered to put up $10,000 surety for bail, avoid drugs and alcohol and not occupy a driver’s seat of a motor vehicle.

Mr Button’s lawyer, Chris O’Brien, told the court Mr Button had a range of medical conditions - including mental health issues - but they were not detailed.

He said should the case go to trial, there would likely be “long delays”.

There were tense scenes outside court as Mr Button’s family pushed past the crowds of media, with a male relative shoving a cameraman as the group left the building.

Mr Button will next face Newcastle Local Court on August 9.

Bus driver Brett Andrew Button, 58, is facing court after allegedly crashing into a guardrail and killing 10 passengers coming home from a wedding. Picture: 9 News

Fatal bus crash

The group had recently left the wedding of Mitchell Gaffney and Madeleine Edsell at Wandin Valley Estate, a popular wedding venue in Lovedale.

Emergency services rushed to the roundabout at Wine Country Drive near the Hunter Expressway off-ramp at Greta just after 11.30pm.

Mr Button, from Maitland, appeared at Cessnock Local Court on Tuesday after being refused bail on Monday.

Outside court on Tuesday morning, NSW Police Acting Assistant Commissioner David Waddell alleged the bus driver was travelling too fast.

“He entered that roundabout driving in a manner that was inconsistent with the conditions,” he said.

“Obviously the speed was too quick for him to negotiate that roundabout, causing the vehicle to fall onto its left side and cause those injuries.”

Mr Waddell said it was a “very chaotic scene” and “some of our police are visibly distraught”.

Groom Mitchell Gaffney and Bride, Madeleine Edsell. Picture: Facebook

Earlier, NSW Police Commissioner Karen Webb described the tragedy as an “awful situation”.

“I’m sure you can share with me in just imagining how tragic this is, for not only the first responders and all those that are responding but certainly I’m thinking of their families that are affected by this,” she said.

Authorities are currently going through the “complex” task of accounting for victims and passengers on the bus, according to police.

“You can imagine the scene that was confronting police when they attended and that some people were transported to different locations and then rediverted, so police have the arduous task now of matching individuals from the bus to property located in the bus,” Ms Webb said.

“So it is going to take time and it is probably frustrating for families, but I’m sure families want to get this right, so we need to just take our time.”

It has also been revealed that a group of people on the bus were from a Victorian cricket club.

Of the 25 people were originally hospitalised, two were in a critical condition on Tuesday morning. Two more people had required surgery.

Aerial shots of the crime scene reveal white skid marks near the bus, where it’s believed the vehicle rolled onto its side during the fatal incident.

The bus was lifted upright after several hours, a delicate task due to people who were still inside.

Button was taken to hospital with minor injuries for mandatory assessment before being arrested and taken to Cessnock Police Station.

Visiting the area, NSW Premier Chris Minns said the fatal crash would have a profound impact on the local, tight-knit community.crit

“Whatever the final toll in this terrible accident, it’ll be more than we can bare,” he said.

Acting Assistant Commissioner Tracy Chapman earlier described the scene as “frantic”.

“A number of passengers we were able to extract through the front windscreen of the bus and then deal with those in terms of that triage process with NSW Ambulance,” she said.

Ms Chapman said police believe the bus was travelling to Singleton – about 34 minutes away – to drop guests off at their accommodation.

Ms Chapman said at least two patients were flown from the crash scene.

Some passengers had limbs severed in the crash, and guests sustained critical and life-threatening injuries.

Originally published as Brett Andrew Button granted bail after facing court over Hunter Valley bus crash