Truck driver ‘decided to ignore’ brake failures before school bus crash, court hears

A truck driver “decided to ignore” brake failures and was weaving before crashing into a bus carrying Loreto College students, police allege.

A truck driver faces almost 50 charges after his truck crashed into the back of a school bus . Picture: Brendan Beckett

A truck driver charged over a horror crash that left 27 schoolgirls injured “decided to ignore” brake failures and was seen “weaving” his prime mover moments before the smash, police allege.

Brett Russell, 60, faces almost 50 charges after his truck crashed into the back of a school bus headed for Melbourne Airport, where Loreto College Ballarat students were set to travel to the USA for NASA space camp.

Instead, the students from Year 9 to Year 12 and their teachers were left injured and traumatised as their bus was hit “at speed” and tumbled down a hill off the Western Freeway near Bacchus Marsh, on September 21, 2022.

A total 32 people were on the bus – 27 students, four teachers and the bus driver – and suffered injuries ranging from an almost total amputation of a child’s foot, to soft tissue injuries and bruising.

Truck driver Brett Russell is facing almost 50 charges. Picture: Ian Currie

Loreto College Ballarat students were injured after his truck crashed into the back of a school bus. Picture: Brendan Beckett

The Melbourne Magistrates’ Court last night heard that some students were still too traumatised to catch a school bus because of the “mental anguish” of the crash.

Mr Russell, a father of four, was charged on Monday and bailed over what was described in court as a “very strong prosecution case”.

Police believe a crime scene with “multiple fatalities” was only avoided because most of those on the bus were wearing seat belts.

Detective Senior Constable Holly Gibson told the court that Mr Russell’s prime mover, with two trailers on the back, was seen “weaving” through traffic management on the Western Freeway before it “swerved back” and hit the rear of the school bus, at about 3.15am that Wednesday morning.

She said there had been an earlier crash the night before on the same stretch of road, and the speed was reduced from 110km/h to 40km/h, causing traffic to bank up.

Sen Con Gibson said an analysis of Mr Russell’s vehicle showed both trailers he was towing had failed braking capacity tests, and just two out of six axels on the trailers were working properly.

While his truck was examined to be in an “operational condition”, the detective said the vehicle had been used in an “aggressive manner” and may have had brake fade.

Police believe a crime scene with “multiple fatalities” was only avoided because most of those on the bus were wearing seat belts. Picture: Brendan Beckett

The truck was seen “weaving” before the smash, police allege.. Picture: Brendan Beckett

She told the court that an “experienced driver should have known when the brakes were declining”, and said police will allege that Mr Russell ought to have known his brakes were deficient.

“Instead he decided to ignore” the braking deficiency and “decided to drive anyway”, crashing into the school bus, she said.

At the time of the crash, Mr Russell was driving back to Melbourne from Nhill where he’d done a trailer change.

The Croydon man was charged with 46 offences on Monday, including reckless conduct causing serious injury, dangerous driving causing serious injury and reckless conduct endangering life.

The court heard he moved from WA – where he has three adult children – to Victoria just 18-months ago, and has a five-year-old son in Melbourne.

Despite the large number of “young, vulnerable victims” from the school bus smash, prosecutors did not argue against Mr Russell’s bid for bail due to his lack of criminal history, the “considerable delay” in the case and that there was minimal risk to the community as his driver’s’ licence had been suspended.

Magistrate Andrew McKenna granted bail, ordering Mr Russell not to leave Victoria or Australia, to hand over his passport and not to drive a vehicle.

A lengthy 20-week adjournment was granted so prosecutors could interview a large number of doctors across multiple hospitals to form a brief of evidence.

The matter will return to court on July 31.