Court told public was at risk from bus driver months before deadly crash

Court told public was at risk from bus driver months before deadly crash

A court has heard a bus company linked to a fatal Hunter Valley bus crash exposed the public to risk the entire time the driver involved was employed.Linq Buslines and two of its directors, Christopher Fogg and Anthony Royle, are awaiting sentencing after pleading guilty to heavy-vehicle law breaches.Christopher Terrence Fogg (left) and Anthony John Royle pleaded guilty to breaching their duty of care. (ABC News)Brett Andrew Button, 61, was driving the Linq Buslines coach carrying wedding guests when he crashed at a roundabout in June 2023.Ten people were killed and 25 injured.Today, National Heavy Vehicle Regulator prosecutor Georgia Lewer told Gosford Local Court the company's recruitment policies put the public at risk."It is important that your honour is sentencing [Linq] for the seven months he [Brett Button] was employed to drive buses and the public was put at risk during that period," she said."It would not have happened had he not been employed."He drove as a casual bus driver for seven months and there was a continuing offence over a period."The driverBrett Button's driving career came to a shocking end on a tragic night in Greta.Brett Button will spend at least 24 years in jail over the crash that killed 10 people in 2023. (ABC Newcastle: Bridget Murphy)Button would later admit he was drug impaired, using the opioid Tramadol in excessive amounts at the time.He was also speeding when he entered the roundabout and tipped the bus onto its side.In September 2024, Button was sentenced to 32 years in jail, with a 24-year non-parole period.He appealed against the severity of that sentence but it was unsuccessful.Families face company directorsFamilies and survivors came face to face with company directors today during a sentencing hearing for the heavy vehicle breaches.At least four of them are hoping to deliver victim impact statements, but the presiding judge is yet to rule if they can.Jason and Sharyn Junkeer arrive at Gosford Local Court. (ABC News)Survivors Jason and Sharyn Junkeer travelled from Victoria.They had been among the passengers who pleaded with Button to slow down.Matt and Leanne Mullen travelled to Gosford Courthouse from Singleton.Their daughter Rebecca, a young doctor, was one of the passengers who died.Since the crash, they have called for reforms, including driver monitoring and GPS surveillance.Matt and Leanne Mullen enter Gosford Local Court. (ABC News)Exposure to riskA lack of protocols, monitoring and procedures are at the heart of the heavy vehicle breach charges the company and its directors have admitted to.In March, Linq Buslines pleaded guilty to two counts of breaching the National Heavy Vehicle Law between November 2022 and June 2023.The maximum penalty it faces for both breaches combined is a total of $2 million.Linq admitted to exposing the public to risk during that time.Investigators at the scene of the bus crash in which 10 people died. (AAP: Darren Pateman)The court heard the company had no policies requiring potential drivers to undergo a medical assessment or fill out a medical fitness form.It also heard there was no requirement for drivers to produce a driving record and provide valid references or referees from previous employers. Valid licenceDefence barrister Bruce Hodgkinson SC said there was nothing to suggest Button was not fit for the role."He had to have a medical assessment sent to Transport for NSW, otherwise he wouldn't have had a licence at the time he approached [Linq] for employment," Mr Hodgkinson said."His long-term GP said he was not drug dependant and the only muscular disorder he had was arthritis."Linq Buslines directors Christopher Terrence Fogg and Anthony John Royle pleaded guilty to breaching their duty of care in the six weeks leading up to the crash.The company and directors are being sentenced in Gosford Local Court. (ABC Central Coast: Shauna Foley)The charge was set out in the agreed facts which stated: "[Royle and Fogg] failed to take reasonable steps to ensure that appropriate action was undertaken to manage and address issues of identified over speeding in a timely manner." Sentencing proceedings continue.

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