The truck driver involved in a crash which saw a bus load of high-school students roll over the railing on the Western Freeway ignored the warning signs his vehicle was not at full braking capacity, a court has heard.
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Brett Russell, 60, faced the Melbourne Magistrates' Court late Monday afternoon on 46 charges, including reckless conduct causing serious injury, dangerous driving causing serious injury, and reckless conduct endangering life, for the collision on September 21, 2022, near the Condons Lane exit in Pentland Hills.
At the time of the crash, traffic was slowed along the freeway to 40km/h from 110km/h for authorities to clean up the stretch of road from another - unrelated - collision at 6.30pm the day before.
The court heard Russell was employed as a truck driver, driving a prime mover carrying two trailers on his usual route back from Nhill to a truck depot in Hallam, at the time of the incident.
Police informant Detective Senior Constable Holly Gibson told the court Russell ignored warning signs brakes on the prime mover with two trailers he was driving was not operating "as they should".
"[The accused] was aware that there were issues ... that day that affected the braking efficiency but decided to drive anyway," she said.
"He tested the braking capacity as he left Nhill and was aware that it was not operating as it should.
"His trailer brakes ran out of air approximately 5km from the collision site but instead of pulling over, he decided to drive on. As he got to the top of the hill at Pentland Hills, he lost braking again.
"He considered other options but didn't see any of them as being viable ... He collided with the rear of the bus at speed."
The court was told mechanical investigation of the truck found two of the six axles of the trailers were operating effectively and testing on each trailer revealed that neither met the requisite minimum standard.
Examination of the brakes found they had recently been used "in an aggressive manor, i.e. they smelt of overheated brakes and the bonding agent was melted on the passenger's side rear lining".
"This would have led to the brakes not working to their full effectiveness and may have had brake fade," the police informant said.
About 3.15am, the prime mover swerved into the bus and the collision propelled the bus over the freeway railing and down a sharp incline, where it rolled.
On board the bus were 27 Loreto College students, four adults, and the bus driver, who were all taken to hospital; two students flown to hospital in serious but stable conditions, while other passengers and the drivers were taken to the Royal Melbourne, Sunshine, Footscray, and Ballarat Base hospitals in stable conditions.
The students were on their way to a NASA space camp in the US. Detective Senior Constable Gibson told the court on Monday the students were at the beginning of "what should have been the trip of a lifetime".
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The court heard student injuries "ranged to an almost total amputation of a foot to bruising and soft tissue injuries," and some were suffering "mental anguish" as a result of the collision that meant they could no longer catch the bus to school.
Before the crash, Rusell had 20 years truck driving experience and held a full heavy combination drivers license.
He was also injured in the crash and was trapped inside his truck, which came to rest on the Condons Lane exit ramp, until he was rescued by emergency service workers.
Detective Inspector Roger Schranz told reporters in September all involved in the collision were lucky to be alive.
"It's quite miraculous... [the students] have self-evacuated," he said.
"I'd say it was horrific for [the students], but just as horrific for their parents, I think it's every parent about to send their children off on a camp or for a longer term period, it's their worst nightmare.
"The truck driver is very fortunate to be alive, I think, I would have assumed someone would have passed away, they're all very fortunate."
Both the prosecution and defence counsel for Russell said risk to the public could be mitigated with strict bail conditions, including that the accused not drive.
Magistrate Andrew McKenna ultimately agreed.
Russell was released from custody on bail under stringent conditions including to surrender his passport, not to leave Victoria, and live at a static address.
He is not allowed to drive any type of motor vehicle whilst on bail.
The matter will return to court later this year.
EARLIER:
A 60-year-old Croydon man will face the Melbourne Magistrates' Court charged with 46 offences over a school bus crash near Bacchus Marsh last year.
According to Victoria Police Media, Major Collision Investigation Unit detectives charged the truck driver, months after he allegedly collided with the rear of a Loreto College school bus travelling from Ballarat to Melbourne Airport on the Western Freeway.
The crash, near Condons Lane in Pentland Hills, caused the bus to roll down an embankment about 3.15am on September 21.
On board were 27 students, four adults, and the bus driver, who were all taken to hospital - one teenage girl was airlifted with serious injuries.
The students were on their way to a NASA space camp in the US.
Police Media stated the truck driver, who was also injured in the crash, faces 46 charges, including reckless conduct causing serious injury, dangerous driving causing serious injury, and reckless conduct endangering life.
He will face court on Monday afternoon.
MORE TO COME
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