By Tita Smith In Cessnock and Olivia Day For Daily Mail Australia
01:10 13 Jun 2023, updated 07:21 13 Jun 2023
- Driver granted for bail in Cessnock on Tuesday morning
- Court heard witnesses gave evidence of dangerous driving
- 10 wedding guests died after bus rolled, 14 remain in hospital
The driver of a bus full of wedding guests which rolled at a roundabout, killing ten and injuring 25, has walked free on bail with his lawyer saying ‘he’s doing quite well’.
Brett Andrew Button, 58, was charged with 11 offences, including ten counts of dangerous driving occasioning death, over the tragic crash in the NSW Hunter Valley at 11.30pm on Sunday.
While Button sobbed as he appeared in handcuffs at Cessnock Local Court on Tuesday morning, he appeared to flash his middle finger at the media as he left the police station.
Prosecutor Courtney Broome had strongly opposed bail, telling the court Button’s release would ‘go against community standards’.
‘There are ten witnesses who gave evidence in relation to the prolonged behaviour of Mr Button and dangerous driving,’ she said.
According to the fact sheet, passengers had fastened their seatbelts.
Ms Broome said as many as 15 further charges of causing grievous bodily harm could be added relating to passenger injuries, and raised concerns of witness interference.
But bail was granted after Button’s lawyer Chris O’Brien said his client had ‘strong ties to the community’ and a number of medical conditions’.
Mr O’Brien said Button – who appeared not to have suffered any physical injury – had lived an ‘exemplary existence’ and was respected in the community.
He argued there would be six-month delay and bail conditions would mitigate the risks presented by the prosecution.
When asked outside court how his client was coping, Mr O’Brien said Button was ‘OK’.
‘I’ve spoken to my client,’ he said. ‘He’s happy to be going home. In all of the circumstances he’s doing quite well.’
Button’s boss at a Maitland Mazda dealership said he had received an email request on Monday night not to talk to the media.
‘We love the bloke,’ he said. ‘We are devastated for him and for the community.
‘But we are under instructions not to talk at the moment until things process further with his court case.’
Magistrate Robyn Richardson described the charges as ‘most serious’ and said that while her biggest concern was Button failing to appear in court, bail should not be treated as a way to punish individuals before their sentence is determined.
‘Mr Button has sat here head bowed and it is clear he suffers along with the rest of the community,’ she said.
‘The court acknowledges the suffering of the community … I see a man before me who suffers.
‘I do have concerns for his wellbeing and mental health and the onerous conditions that would be imposed on him in a custodial environment.’
She granted him a suppression order on his address, and imposed bail conditions including a 8am-6pm home curfew, and requirements to report to police three days a week, surrender his passport, and not drive.
The court also heard Button had seven driving offences over 30 years but no criminal record.
He will face court again on August 9.
There were tense scenes outside court as Button’s family pushed past reporters after letting out a collective and audible sigh of relief when bail was granted.
A male relative shoved a cameraman as supporters including Button’s wife, daughter, and two sons left the building.
Button’s bail hearing came as Victorian woman Darcy Bulman was identified as the 10th wedding guest killed in the crash.
She attended the wedding of Madeleine Edsell and Mitchell Gaffney the the Wandin Valley Estate with her partner, whose condition is unknown.
Survivors claimed Button made a chilling boast to the 35 passengers on board just moments before he allegedly lost control of the vehicle.
Button allegedly said ‘if you think that was fast… watch this’ over the vehicle’s internal microphone before the bus rolled near the Hunter Expressway off-ramp at Greta, 183km north of Sydney.
Passengers are understood to have expressed concern at the speed the bus was travelling and urged others to remain in their seats for safety, the Daily Telegraph reported.
Emergency services were called to the scene of the crash and found ten bodies in the mangled wreckage alongside 25 guests who were injured, two critically.
As of Tuesday morning, 14 people remain in hospital.
Assistant Commissioner David Wardell alleged that Button had been going too fast when he entered the roundabout.
‘He lost control of that vehicle and it fell over onto its left side, onto a guardrail,’ he told a press conference on Tuesday morning before Button’s court appearance.
Assistant Commissioner Wardell said the passengers on the bus were all adults aged between 20 to 60 with some from the local area and others from interstate.
He added that 25 passengers were treated for a range of injuries including lacerations, fractures and breaks.
‘Some of our police are visibly distraught. It was a very chaotic scene,’ he said.
NSW Police will use disaster victim identification process to identify the bodies found in the wreckage, which could take several days or even weeks.
Seven of the dead are understood to be from the nearby town of Singleton.
They include Tori Cowburn and Rebecca Mullen, mother and daughter Nadene and Kyah McBride and Kyah’s boyfriend Kane Symons.
Married couple Andrew and Lynan Scott, from Singleton, also died in the crash. They appear to have two children.
Angus Craig from Queensland and Zachary Bray from Byron Bay are also among those who perished, as is Darcy Bulman from Victoria.
Zach Bray’s uncle posted his shock at the death of his nephew in the bus crash.
‘My nephew Zach Bray passed away in last night’s Cessnock bus crash,’ Zach’s uncle Martin Bray said.
‘All my friends and family (are) in shock at the loss of such a beautiful young man.’
Daily Mail Australia confirmed on Monday that Brandon Stafford, a groomsmen who had travelled from Victoria for the wedding, was among the injured.
Their emcee, local reporter Alex Tigani, is recovering at John Hunter Hospital.
He revealed the crash was like ‘a war scene’ and that he was covered in ‘other people’s blood’ after it rolled.
A family of three that comprise an older couple and their adult son, is also being treated for injuries in John Hunter Hospital and are all expected to survive.
The bus spent the majority of Monday on its side as police conducted investigations, before it was returned to an upright position with the help of a tow truck.
Assistant Commissioner Tracy Chapman said the bus crashed in the first 10 minutes of a 35-minute journey to the guests accommodation in Singleton.
‘It’s a tragic set of circumstances. The number of family members, but broader community, who will be impacted by this, you couldn’t count,’ she said.