Infamous criminals: Fatal Hunter Valley bus driver Brett Button not solely to blame, says road safety expert

The driver responsible for one of Australia’s deadliest bus crashes was “reckless and recalcitrant” but not the only person to blame for the tragedy, according to an esteemed road safety expert.

Brett Andrew Button was jailed for causing a catastrophic 2023 bus crash that killed 10 wedding guests and injured 25 others in the NSW Hunter Valley.

Emeritus Professor Raphael Grzebieta says Button’s 32-year jail sentence was “about the right level” of punishment but “he’s not the only one responsible”.

The distinguished road safety expert, who has analysed many heavy vehicle crashes on roundabouts during his 35 year career, said there was a litany of failures leading up to the horrific crash and a “chain of responsibility” that extends far beyond Button.

“(Button) was not a sensible driver. He certainly was quite reckless,” said Dr Grzebieta.

“It is just so sad and so tragic, but the fault also lies with the road safety regulations and the bus companies.

“This is a work health and safety issue.”

Dr Grzebieta said there were “a few people at fault here” including the road authorities.

“There weren’t enough warning signs about what the travel speed should have been at that roundabout,” he said.

“I lay the blame fairly and squarely at the feet of the federal government.”

The Nightly is taking a fresh look inside the crimes and court cases of Australia’s most recent infamous criminals.

Button is among these offenders who have been jailed in the last decade for crimes that have horrified the nation and made headlines around the world.

In June 2023, Button’s passengers had travelled to the Hunter Valley from across three states to celebrate the fairytale wedding of a Melbourne couple Mitchell Gaffney and Madeleine Edsell.

Late on June 11 that year, Button’s coach collected 35 guests from the wedding reception at a winery.

Some of the passengers were locals being transported home while others were making their way back to their nearby accommodation in Singleton, about 30 minutes away.

An agreed statement of facts detailed Button’s odd behaviour before the crash, including him boasting to passengers that he could perform “doughnuts” in the bus and cursing when a car overtook him.

His erratic driving prompted several scared passengers to buckle their seatbelts and at one point he told them “if you liked that corner, you’re going to like this one”.

“This next part’s going to be fun,” Button told passengers before accelerating into an roundabout at Greta seconds before the crash.

The first police officers on scene described the crash site as a “war zone”.

Button initially faced 89 charges, including 10 counts of manslaughter, but his charges were later downgraded, angering the victims’ families.

In May 2024, Button pleaded guilty to 10 counts of dangerous driving causing the death and nine counts of dangerous driving causing grievous bodily harm.

Button’s sentencing hearing in the Newcastle District Court later that year heard he was driving too fast while under the influence of an opioid painkiller.

The court heard the tipping point of the bus was only 31km/h but the bus was travelling at over 56km/h when Button lost control.

Survivors described feeling like they were about to die as the bus fell sideways towards a roadside barrier.

“The sensation of falling sideways and being completely powerless was terrifying,” crash survivor Jason Junkeer said.

The court heard Button had used Tramadol since the 1990s but “never felt affected by Tramadol”.

“I’ve been taking it so long, I guess I didn’t think about it,’ Button said.

A former employer had stood Button down in 2022 after a pain specialist determined he was addicted to the drug.

Button then secured a job driving buses for LINQ Buslines, his employer at the time of crash, but failed to tell his new employer of his Tramadol use.

Justice Roy Ellis said he could not determine the drug’s impact on Button’s driving but found its use was nonetheless central to his moral culpability.

In sentencing, Judge Ellis said Button had “abandoned his responsibility” to his 35 passengers and had driven recklessly.

He also revealed that in his 50 years in the justice system he had never “dealt with, seen, or even read about a case that involved anywhere near the same extent of extraordinary devastation”.

During the sentencing hearing, Button sobbed in the stand and admitted he was “ashamed” and believed he had “committed the ultimate sin”.

“I can’t forgive myself. I can’t believe I caused this,” he said.

“I never meant to hurt anyone in my entire life, and now I have committed the ultimate sin.

“I have caused parents to have to bury their children … I have done it to so many families.

“I hate myself and I want to disappear.”

Dr Grzebieta, who has influenced road safety policy and standards worldwide, said the impact of drug use on road safety was “quite severe”.

“The bus company should have been very aware of this and immediately stood him down if they knew he was on this medication,” he said.

“They didn’t do their due diligence. They could have checked.

“If you are hired as a heavy vehicle driver, you should have to produce your medical records.”

Dr Grzebieta, who has been awarded the Kenneth Stonnex Award for his 30-year career improving safety for road users, said crashes like this one could be prevented.

He said smart driver assist systems – which use sensors, cameras, and software to help drivers by providing alerts and even intervening – significantly improve safety but are not being adopted.

“All buses in Australia should mandatorily have electronic stability control,” he said.

“This technology should be essential, particularly after this Greta bus crash, so why hasn’t the Federal Government acted on this? It’s ludicrous.”

Dr Grzebieta, who has more than 350 research publications, said the bus industry needs stronger regulation and drivers need stricter training.

Bus drivers should be required to undertake rigorous training and certification like in the UK, and that passenger seatbelts should be mandatory like on airplanes.

“We should be following the world’s best practice,” he said.

“The UK has the lowest fatality rate per 100,000 population, alongside Sweden, alongside Belgium.

“We sit alongside third world countries in some instances and this is because federal governments are not taking this seriously enough.”

Last year, Button appealed the length of his sentence, claiming it was “manifestly unjust and unfair” but his appeal was dismissed.

“The offending did not occur by mere happenstance or chance. Mr Button engaged in undoubtedly risk-taking behaviour,” the appeal judges wrote in their unanimous ruling.

“There is no doubt that he abandoned his responsibility to ensure the safety of his passengers and that he engaged in risk-taking behaviour.

“The impact of this offending is incalculable and ongoing.”

Button will be eligible for release on parole in 2048.

Meanwhile an investigation by the NSW Office of Transport Safety Investigations remains ongoing and – in the federal court – survivors, victims’ families and insurers are also suing the transport department over alleged safety breaches at the roundabout.