'Inexplicable': what family was told about bus crash driver's plea deal

Ten people were killed, 25 injured and a community was scarred forever when Brett Andrew Button rolled a coach full of wedding guests on a roundabout in the Hunter Valley on the night of June 11, 2023.

Button pleaded guilty to 10 counts of dangerous driving causing death and dozens of other charges in Newcastle Local Court last week, while the Office of the Director of Public Prosecutions (ODPP) dropped 10 manslaughter charges it had laid months earlier.

Matt Mullen, father of Singleton doctor Bec Mullen, told the Newcastle Herald his family was blindsided to find out just two days before the court date that the plea deal had been done, and were now at "rock bottom".

Mr Mullen's wife, Leanne, through Upper Hunter MP Dave Layzell in Parliament on May 15, gave a heartwrenching portrayal of the distress caused.

Mrs Mullen said in her statement that she had endured the pain of her daughter's body remaining in the bus at the crash site for 48 hours in the expectation police were gathering evidence to bring the driver to justice.

The day after the speech, Mr Mullen detailed to the Herald the reasons his family had been given by the ODPP for not pressing ahead with a manslaughter trial.

He said the ODPP had told him a statement of agreed facts, a document which detailed how the crash unfolded, includes the fact that Button's driving that night was affected by the amount of prescription painkiller Tramadol he had consumed.

Mr Mullen said the ODPP had told him that, despite Button's blood test reading and clear medical records, there was a risk that proving he was impaired by Tramadol would not be possible in a trial, because he had built up a tolerance to it during years of use.

"So their argument in deciding which way to go was that the risk is he could go to court, be found guilty at a trial of dangerous driving, potentially be found not guilty of manslaughter, and then the actual sentencing would be less if the court didn't accept the fact that that level of medication affected him," Mr Mullen said.

Under the plea deal, Button will be sentenced based on the set of agreed facts.

That includes that he was under the influence of Tramadol to the extent there would have been some impairment to his driving ability; that he took risks; and that he drove too fast to negotiate the roundabout safely.

The maximum sentence for manslaughter is 25 years, while the maximum sentence for dangerous driving causing death is 10 years. An early guilty plea usually carries a 25 per cent discount.

"Whilst these facts would need to have been proven in a court of law ... we're gobsmacked because we believe the most inept, inexperienced lawyer could prove that in a court of law," Mr Mullen said.

"Realistically, what is the risk of him being found not guilty on all charges?"

He told the Herald his family's distress at the downgrade in charges did not come from a place of vengeance towards Button.

"It's almost like the signature as to the loss of our daughter, and the responsibility of that, it's important for us and for it to be clear to the world," Mr Mullen said.

"It's about justice rather than punishment.

"This is not about me ... it's about my family and, most importantly, Bec."

As they left Newcastle court earlier this month, after hearing his Bec's name and those of her friends read out, and hearing Button answer "guilty" 35 times, the Mullens and other family members were handed the statement of agreed facts.

Mr Mullen said it was the first time he had read the full details of Button's Tramadol use, the previous warnings from doctors, and the details of what he had said to bus passengers in the lead-up to the crash, including "if you liked that corner, you're going to like this one".

"Walking out of the courtroom where [the ODPP] had taken away at the last minute manslaughter charges is inexplicable. It makes no sense. It's just crazy," he said.

"As a family, we've hit rock bottom."

A statement from the ODPP said it acknowledged the plea deal had disappointed some of the families at the centre of the tragedy.

"The ODPP acknowledges that this is a very distressing time for the families and that some are disappointed by the decision to accept guilty pleas to charges of dangerous driving causing death," the statement said.

"The decision was made after close and careful consideration of the evidence, in accordance with the prosecution guidelines and after ongoing consultation with the families of the victims.

"We understand the concerns of the victims and the victims' families.

"While the ODPP takes into account their very important views, the final decision is a legal decision made by reference to many factors, including the evidence in the particular case."

Button, 59, was taken into custody when he entered guilty pleas and will front Newcastle District Court for the first time later this month.