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Bus driver Brett Button excused from court on 43 new charges after horror crash

A bus driver accused of causing a fatal crash that killed 10 people will not be made to face court in person for this reason.

NCA NewsWire

A bus driver accused of causing a fatal crash that killed 10 people and left 25 injured in the NSW Hunter Valley has been excused from appearing in court as he faces 43 new charges, due to “issues with his licence”.

Brett Andrew Button was allegedly behind the wheel of the bus carrying wedding guests when it flipped near the Hunter Expressway at Greta, resulting in one of the country’s worst traffic fatalities.

The 58-year-old did not appear before magistrate Janine Lacy at Newcastle Local Court on Wednesday after police charged him with 43 new offences, including dangerous and negligent driving occasioning bodily harm.

Mr Button’s lawyer Gemma O’Brien told the court that the bus driver had been excused from attending and sought an adjournment while police compiled further expert material that was outstanding from their brief of evidence.

Brett Andrew Button was allegedly behind the wheel of the bus when it flipped near the Hunter Expressway at Greta. Picture: NCA NewsWire / Damian Shaw
Brett Andrew Button was allegedly behind the wheel of the bus when it flipped near the Hunter Expressway at Greta. Picture: NCA NewsWire / Damian Shaw
Brett Button’s Gemma O’Brien leaving Newcastle Court. Picture: NCA NewsWire / David Swift
Brett Button’s Gemma O’Brien leaving Newcastle Court. Picture: NCA NewsWire / David Swift

Ms O’Brien also called on the court to produce subpoenas from Mr Button’s former employer Link buslines and a pain management clinic.

Ms Lacy also granted police access to the documents for 48 hours.

The court was told Mr Button would be excused from attending when his matter returns on October 4 - the date of his 59th birthday.

Ms O’Brien said the move was due to issues with Mr Button’s licence that was revoked following the crash.

In total, Mr Button now faces 63 charges and has yet to enter any pleas.

Documents tendered to the court on Wednesday revealed the extent of the new allegations levelled against Mr Button.

Matt and Leanne Mullen, parents of alleged crash victim, Bec Mullin, attended Newcastle court on Wednesday. Picture: NCA NewsWire / David Swift
Matt and Leanne Mullen, parents of alleged crash victim, Bec Mullin, attended Newcastle court on Wednesday. Picture: NCA NewsWire / David Swift
Father Matt Mullen farewelled his daughter at a funeral service earlier this year. Picture: NCA NewsWire / David Swift
Father Matt Mullen farewelled his daughter at a funeral service earlier this year. Picture: NCA NewsWire / David Swift
The crash resulted in the death of 10 people and 25 more were injured Picture: NCA NewsWire / Christian Gilles
The crash resulted in the death of 10 people and 25 more were injured Picture: NCA NewsWire / Christian Gilles

Mr Button is accused of causing grievous bodily harm to nine people by driving dangerously while behind the wheel.

The bus driver further faces allegations he caused bodily harm by misconduct to the same nine people as well as 16 others.

“He did by misconduct, being drive recklessly causing a 57-seat Volvo bus to roll onto its rear side, cause bodily harm,” documents state.

It quickly became one of the nation’s worst road accidents. Picture: NCA NewsWire / David Swift
It quickly became one of the nation’s worst road accidents. Picture: NCA NewsWire / David Swift

Mr Button further faces 10 charges each of dangerous driving and negligent driving occasioning death.

The identities of the persons injured in the crash – 10 seriously – were supressed by the court in June.

Mr Button was previously granted bail at Cessnock Local Court during his first court appearance that month.

The court was told that it was clear Mr Button was “suffering” amid concerns about his mental health and wellbeing in custody.

The final funeral for victims of the Hunter Valley bus crash was held in July Picture: NCA NewsWire / Gaye Gerard
The final funeral for victims of the Hunter Valley bus crash was held in July Picture: NCA NewsWire / Gaye Gerard
The funeral, in Singleton, farewelled Nadene McBride and daughter Kyah. Picture: NCA NewsWire / Gaye Gerard
The funeral, in Singleton, farewelled Nadene McBride and daughter Kyah. Picture: NCA NewsWire / Gaye Gerard

Magistrate Robyn Richardson previously acknowledged that there was a strong prosecution case but ruled that Mr Button had no prior criminal record and conditions could be put in place for his release.

Lawyer Chris O’Brien told the court in June that Mr Button had led an “exemplary existence” and had accrued only seven driving infringements in his almost 30 years behind the wheel.

Wednesday’s court appearance comes after the final funeral for victims of the Hunter Valley bus crash was held in July, farewelling Nadene McBride and daughter Kyah who died in the horror crash.

Matt and Leanne Mullen, parents of alleged crash victim, Bec Mullin, were in attendance at Newcastle court on Wednesday after farewelling their daughter at a funeral service earlier this year.

The pair told 7News last week that they hoped the horror crash would spark changes to rules around bus safety and regulation, having for years pushed for reform prior to the crash.

Nathan Schmidt
Nathan SchmidtJournalist

Nathan Schmidt is a digital journalist based on the NSW south coast, reporting for The South Coast News and the Daily Telegraph on local news, courts, and crime.

Original URL: https://www.theaustralian.com.au/news/latest-news/bus-driver-brett-button-faces-court-on-43-new-charges-after-horror-crash/news-story/92ba03411245abfd925226c3273c1a4d