Loreto College Ballarat students to be cross-examined in court after horror school bus crash

Eight Loreto College Ballarat students have been ordered to give evidence about the serious injuries they sustained after a truck slammed into the back of their school bus on the Western Fwy.

Truck driver Brett Russellis facing almost 80 charges after his truck collided with a school bus injuring 27 schoolgirls near Bacchus Marsh. Picture: Ian Currie

Eight students from Loreto College Ballarat who were in a horror bus crash have been ordered to give evidence in court over their injuries as a truck driver faces 80 charges.

A total 32 people were injured – including 27 pupils – when a truck driven by Brett Michael Russell hit the back of their school bus as they were headed to the airport for NASA space camp in the USA, on September 21, 2022.

The bus toppled down an embankment off the Western Fwy at Pentlands Hills, causing injuries ranging from spinal damage, bruising, a near foot amputation and PTSD.

Mr Russell’s defence barrister on Thursday told the Melbourne Magistrates’ Court there was “good forensic reason” for wanting to cross examine the children about their injuries.

John Lavery said there were a number of medical records outstanding or missing that went to the severity of the students’ injuries, and as such, to the charges faced by Mr Russell.

The Croydon man faces a number of serious injury charges, which Mr Lavery said may not be backed by evidence.

A school bus carrying 32 people flipped on the Western Fwy near Bacchus Marsh. Picture: Brendan Beckett

The crash between a school bus and a truck occurred around 3.15am. Picture: Brendan Beckett

The prosecution claimed it was “notoriously difficult” to obtain medical records and material from hospitals – a claim rejected by Magistrate Peter Reardon who called the assertion “unfair”.

“It is of concern … there is still outstanding, a number of medical reports,” Mr Reardon said.

Despite objections from the Office of Public Prosecutions in calling the teenagers to give evidence in court, His Honour asked, “Why should these witnesses not be called?”

“It seems to me the witnesses will have to give evidence,” Mr Reardon said.

“I know no-one wants to give evidence, it can be an unpleasant experience, but Mr Lavery will be careful how he cross-examines, like he always is.”

His Honour allowed the students to give evidence by video link, speaking only about their health issues.

The court heard that in total, 25 witnesses would be called at a committal hearing to test the evidence against Mr Russell to determine whether he be sent to a higher court for trial.

Among charges faced by the truckie are dangerous driving causing serious injury and reckless conduct endangering life, with accusations he ignored brake failures prior to the crash.

Mr Russell, who was bailed earlier this year, sat silently as he appeared via video link from his lawyer’s offices for the hearing on Thursday.

He will return to the Melbourne Magistrates’ Court for the committal on March 4, which is expected to run over four days.