Brett Button, the driver involved in a bus crash that killed 10 passengers and injured 25 others at Greta on the weekend has been granted bail, with the magistrate acknowledging he "suffers along with the rest of the community".
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Following his court appearance Mr Button emerged from Cessnock police station wearing a black hooded jumper and got into a waiting car about 2.30pm. He did not speak to waiting media.
The 58-year-old bus driver earlier sat with his head bowed and crying in the dock at Cessnock Local Court on Tuesday morning, as the court heard the case against him was strong.
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Police, who opposed Mr Button's release on 10 counts of dangerous driving occasioning death, said they had mounted a strong case that showed he took the roundabout far too quickly.
The court heard that some passengers had told police that Mr Button said "fasten your seatbelts" before the crash.
Some of the survivors had given evidence of Mr Button's "prolonged" behaviour before the bus tipped and slammed into a guard rail on Sunday night, the court was told.
"It is highly likely or inevitable, your honour, he will receive a custodial sentence (if convicted)," the police prosecutor said.
The prosecution said Mr Button was a flight risk and there were also concerns he could potentially influence witness accounts if released into the community.
Further charges were likely, including to address the serious injuries to two passengers receiving intensive care in Newcastle.
Mr Button's solicitor Chris O'Brien said his client would obey a curfew of 8pm to 6am and report three times a week to police if granted bail.
A $10,000 surety and promises to steer clear of witnesses and obey a nightly curfew were put forward on the driver's behalf.
Mr Button had a clean criminal record and only a handful of blemishes on his 30-year driving record, Mr O'Brien said.
Button also needed treatment in the community for medical issues not detailed in court, and likely faced waiting at least 18 months before a trial could begin.
"Whilst concerns are alive and exist, there are bail conditions which can ameliorate them," Mr O'Brien said.
His licence has been suspended.
Magistrate Robyn Richardson agreed, dismissing the police suggestion the risk was unacceptable while noting the grief the incident had caused to the community.
"The (legal) principle ... is bail is not to be denied as a punishment - determination of sentence is an entirely different issue," Ms Richardson said.
"The court acknowledges the suffering of the community," she said.
"I see before me a man who suffers."
Button cannot drink alcohol or drive whilst on bail.
He has not yet entered pleas to the charges.
"He's happy to be going home ... in all of the circumstances, he's holding up very well," Mr O'Brien told reporters outside court.
Prosecutors said more charges could be handed down.
He will face Newcastle Local Court on August 9.
- with AAP
Nick Bielby
Nick Bielby is a crime reporter who has worked as a journalist since 2011. Having joined the Newcastle Herald in 2017, he won a Walkley Award in 2019 with Donna Page for their investigation 'Dirty Deeds', which exposed the decades of illegal dumping of toxic material in and around a Hunter waterway.
Nick Bielby is a crime reporter who has worked as a journalist since 2011. Having joined the Newcastle Herald in 2017, he won a Walkley Award in 2019 with Donna Page for their investigation 'Dirty Deeds', which exposed the decades of illegal dumping of toxic material in and around a Hunter waterway.
