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Newcastle Herald
Newcastle Herald
National
Anna Falkenmire

'It's opened up wounds': shock at downgraded bus crash charges

Graham McBride, who lost his wife and daughter Nadene and Kyah, and Matt Mullen, who lost his daughter Bec Mullen, leave Newcastle court on May 8. Picture by Peter Lorimer

LOVED ones grappling with the loss of family members in the Greta bus crash tragedy were shocked to be told a deal had been struck that would see 10 manslaughter charges dropped against the driver.

"What has happened in the last 48 hours has not provided any closure, it's opened up wounds," Matt Mullen, father of Singleton doctor Bec Mullen, told the Newcastle Herald.

Brett Andrew Button, 59, pleaded guilty in Newcastle Local Court on Wednesday to 10 charges of dangerous driving causing the death of 10 wedding guests on June 11 last year.

Crown prosecutors then dropped 10 counts of manslaughter as part of a deal that was revealed to family members of victims just a day or two earlier.

"We were basically told it had been done, the deal has been taken," Mr Mullen said after court on Wednesday.

"We were given no chance to have a say or have any input on the change of heart, which to us, literally happened 48 hours ago."

Mr Mullen and his wife Leanne were blindsided. He said the "overwhelming response" of several families when pleas to dangerous driving charges were being considered earlier in the proceedings was "no way Jose, we won't accept that".

Mr Mullen said he was told a change to the facts had been made regarding Button's acceptance of some details surrounding his use of the prescription drug Tramadol, which he said seemed like an "insignificant" change.

"Losing Bec, it's like, how did she die? Was it because of an act of bad driving, or manslaughter?" Mr Mullen told the Herald.

"It's almost like the signature as to how and why we lost her.

"We're now going through the process of accepting that it's done."

He said to have a professional driver, hired to do a job, who was affected by medication, drive recklessly for an extended period amounted to manslaughter in his heart.

"The last two nights have been the worst two nights for us for a long time," Mr Mullen said.

"We're further from closure, whatever that might be."

Brett Andrew Button, flanked by supporters, arrived at Newcastle court on May 8 for the last time as a free man. Picture by Peter Lorimer
The media scrum outside the courthouse on May 8. Picture by Peter Lorimer
Brett Andrew Button arrived at Newcastle court on May 8. Picture by Peter Lorimer

Mrs Mullen said it was critical the gravity of the tragedy and loss was recognised.

"I'm less at peace with how this has worked out than I would have been if the court had looked at him today and said 'no, no, no, what you did was manslaughter', I'll always feel a little cheated I suppose," she said.

"Our role here is Bec's voice."

Mr and Mrs Mullen said the shock was felt more deeply because the relationship they had with the Office of the Director of Public Prosecutions (DPP) since they took over the case had been collaborative, but they sensed a sudden shift earlier this week.

They were quick to praise the brilliant, kind, "amazingly supportive" DPP representatives that had been communicating with them on the ground, but said they had tried and failed to ask questions of the "powers that be".

Mr Mullen told the Herald his reaction to the downgraded charges did not come from a place of vengeance for Button.

"We empathise with the driver's family," he said.

"We understand that they are experiencing their own grief and trauma and there's no need for more hate in this world.

"To be labelled dangerous driving or manslaughter is what is important to me. Not the punishment."

Mr and Mrs Mullen were in a packed Newcastle courtroom on Wednesday, flanked by the grieving loved ones of other crash victims, survivors and investigating police, as Button pleaded guilty to 35 charges, and a string of others were withdrawn. Button was then taken into custody.

"It was very difficult. It was quite confronting," Mrs Mullen said.

"It was hard to hear Bec's name read twice, and her friends' names."

Family members cried in the public gallery of the courtroom as the names of Darcy Bulman, Rebecca Mullen, Zachary Bray, Tori Cowburn, Angus Craig, Kane Symons, mother and daughter Nadene and Kyah McBride, and husband and wife Andrew and Lynan Scott, were read out by magistrate Caleb Franklin.

A statement from the Office of the DPP said it sympathised deeply with the families of those who lost their lives in this tragic event, and with the victims who were injured.

"The decision to accept a plea of guilty involves complex issues of fact and law," the statement said.

"These decisions are always made after close and careful consideration of the evidence and in accordance with the Prosecution Guidelines."

When questioned in state parliament on Wednesday, attorney-general Michael Daley said he would be asking the Office of the DPP for a "comprehensive briefing on all aspects of this matter" when it was finalised.

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