Death coach driver Brett Andrew Button weeps before walking free on bail

A court heard Brett Button was driving so fast and dangerously that terrified passengers ­fastened their seatbelts.

Brett Andrew Button pictured walking out of Cessnock police station after being granted bail. Picture: NCA NewsWire / Damian Shaw

The weeping driver of the coach that crashed in the Hunter Valley, killing 10 members of a wedding party, has walked free on bail ­despite a court hearing that he was driving so fast and dangerously that terrified passengers ­fastened their seatbelts.

Magistrate Robyn Richardson granted Brett Andrew Button bail on a $10,000 surety in Cessnock Local Court on Tuesday, dismissing police concerns he could interfere with their investigation and ruling the 58-year-old was “suffering with his community”.

Mr Button had no criminal ­history prior to the charges being laid, and had accrued seven separate driving infringements in his 30 years behind the wheel, the court was told.

The Maitland man is charged with 10 counts of dangerous driving occasioning death, drive ­manner dangerous, and negligent driving (occasioning death) following the horror crash in which 10 passengers died and 25 were injured, some critically.

The bus was carrying guests following the wedding of newly married couple Mitchell and Maddy Gaffney at the nearby Wandin Estate winery, and was on its way to Singleton.

The court heard there were 14 victims in hospital, with two in the intensive care unit.

“There’s a strong prosecution case; there’s 10 witnesses, your honour, whose given evidence in relation to the prolonged behaviour of Mr Button and the dangerous driving, their concerns are evident in the fact sheet where it says that they (the passengers) fastened their seatbelts”, police prosecutor Courtney Broom said.

“If Mr Button is found guilty of these offences, there is a high likelihood or an inevitability that he will serve a custodial sentence,” Ms Broom added.

The prosecutor said police had concerns Mr Button could interfere with the investigation because he was a resident of the local area and the investigation was “in its infancy”.

However, his lawyer Chris O’Brien told the court Mr Button had led an “exemplary existence”, and was deeply connected to his local community.

Mr Button was supported in court by his family.

Ms Richardson said it ­appeared there was a “strong case” for bail.

“It is clear to this court that he suffers, along with his community,” she said as Mr Button visibly shook and began weeping.

“I do not find the unacceptable risk that Mr Button could interfere with witnesses is so much so that I might refuse bail,” she said.

Ms Richardson told the court Mr Button’s own mental health had also suffered as a result of the incident and subsequent charges, and noted the matter is unlikely to go to trial until next year.

Mr O’Brien told reporters after leaving the jam-packed courtroom: “Given all the circumstances, he (Mr Button) is holding up really well.”

Conditions for bail include that he surrender his passport, not apply for a travel document, and submit surety to the value of $10,000. He is prohibited from drinking alcohol or taking non-prescription drugs unless prescribed by a doctor, and must not occupy the driver’s seat of a motor vehicle.

His licence was also suspended by police, and he must report to police three days a week and must not leave his home between the hours of 8pm and 6am unless accompanied by specific family members. He must also not be within 5km of an international point of departure.

When Mr Button arrived at his home, he was surrounded by family members and did not respond to questions from the media.

He is due to appear before Newcastle Local Court on August 9 for a committal mention.