Saturday, November 2, 2024

Judge rules Hunter Valley bus crash driver must be in court to hear 35 victim impact statements

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More than 30 victims will front convicted Hunter Valley bus crash driver Brett Andrew Button, when they deliver impact statements at his sentencing.

Button, 59, was at the wheel when the charter bus carrying wedding guests crashed at a roundabout at Greta in June last year, killing 10 people and injuring 25.

Timeline for sentence

In the District Court in Newcastle on Thursday, Judge Roy Ellis set a timeline for sentencing proceedings.

Judge Ellis asked Crown prosecutor Katharine Jeffreys how long a sentencing hearing would take.

Crown prosecutor Katharine Jeffreys at Newcastle Court House in May.(ABC Newcastle: Lillian Watkins)

“The best estimates for the length of proceedings, including the reading of victim impact statements is three days,” Ms Jeffreys said.

The Crown prosecutor said she was “expecting something in the order of 35” victim impact statements.

Ms Jeffreys said Judge Ellis’s sentencing decision would be in addition to the three days.

Defence barrister Paul Rosser KC told the court he expected a shorter timeframe.

“I thought two days would see it out. The submissions would be in writing but for caution can we say three days,” he said.

“Your Honour will have submissions well in advance.”

Remote court appearance rejected

Button will be sentenced for 35 offences including 10 counts of dangerous driving occasioning death and nine counts of dangerous driving occasioning grievous bodily harm.

Judge Ellis set aside three days for sentencing proceedings, from September 9 to 11.

Paul Rosser asked that his client could appear remotely at the start, as victims began to give impact statements.

“We are going to ask if there’s AVL on the first day and we can review it,”  Mr Rosser said.

Ms Jeffreys said it was a matter for the court whether that was appropriate, before Judge Ellis asked, “Is there any particular reason why he [Button] should not be here?”

The Crown prosecutor replied, “No I don’t think so”.

“Well I think he should be here,” Judge Ellis said.

a man in legal dress, and a woman carrying a folder, leaving a court house

Defence barrister Paul Rosser KC (left) and lawyer Jemma O’Brien.(ABC Newcastle: Giselle Wakatama)

Courtroom logistics

The court was told that in addition to the 35 people giving victim impact statements, dozens more were expected to attend.

The Crown prosecutor said she expected “something in the order of 60 plus, and there may well be additional people” watching on.

“We will have to manage how people will move in and out of the court room as required,” she said.

Inside a courtroom in Newcastle.

An overflow room will be needed at Newcastle courthouse for Button’s sentencing, as the courtroom only has capacity for 50 people.(ABC News: Robert Virtue)

Judge Ellis said the court room only had space for 40 or 50 people.

“It may be the 35 would fit and the balance would have to be in the jury assembly room … we will make arrangements” Judge Ellis said.

It is understood the jury assembly room would have a remote audio visual link.

The Greta bus crash is among the worst road crashes in Australia’s history.

Grieving families hope it will be a catalyst for road safety reform.

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