Driver who killed a friend and left another paraplegic escapes prison sentence

The 60-year-old from Essex has not driven since July 24, 2021, when he was using hands-free phone calls on the M74 in South Lanarkshire and collided with Julian Wiseman, 57, and Paul Allum – his lifelong friends from Kent University and one of whom was his best man.

The three men had travelled from the south of England when Shrubsole lost concentration due to the slow-moving traffic and called one of his travelling companions – whereupon he hit the two motorcyclists with his Nissan Qashqai.

Defence counsel Tony Graham KC told the court that Shrubsole had voluntarily surrendered his driving licence after the accident and described him as an “unremarkable” man with an “unblemished” driving record and no previous convictions.

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The court heard that Mr Wiseman died at the scene of the accident, while Mr Allum was confined to a wheelchair due to a spinal cord injury.

Shrubsole denied the charge of manslaughter in a trial before the High Court in Glasgow, but was convicted.

Mr Graham said: “On July 23, 2021, three men who had been friends for four decades set out to enjoy what should have been a holiday, what should have been a pleasant road trip, what should have been the first real relief after lockdown.

“Julian Wiseman died and Paul Allum’s life changed forever.

“Nothing I can say and nothing my master can do will restore Mr. Allum's health or bring Mr. Wiseman back to life.”

The accident occurred at speeds of 30 to 40 miles per hour and would likely have caused only body damage if Shrubsole had hit another car, the court heard.

Mr Graham said: “If Mr Allum and Mr Wiseman had not been on motorcycles, the motorists would probably have shared their details. The consequence would have been nothing more than an increase in the excess.”

The court heard that Mr Allum had supported Shrubsole throughout the trial and had coped with his injuries “with remarkable fortitude”.

Mr Wiseman was described as a “rare force of life” who was adored by his fiancée, her son, a “wide circle of friends” and former pupils, the court heard.

Shrubsole, a married father, has no intention of driving again, according to his defense.

Mr Graham called for a community sentence, describing Shrubsole as “respectable” and adding: “He has never been a burden on the state.”

Passing sentence, Judge Lord Arthurson said: “I have read moving statements from Mr Wiseman's fiancée and son which reflect the talent and energy of his adult life. He was a rare and absolutely genuine force of life.”

“Mr. Allum has suffered a spinal cord injury and is paraplegic. He is now dependent on a wheelchair and requires the support of two caregivers.

“Mr. Allum appears to be coping with remarkable fortitude and strength of character. This fortitude extends to his continued support of you in this case. Seldom have I seen such a broken man in a courtroom.

“There is no public benefit in sending you to prison. You are of good character. You have not driven since this terrible incident and have no plans to drive again.”

He imposed a two-year community fine, 300 hours' unpaid work and a five-year ban from practising his profession. He remanded the remaining defendants to Basildon Crown Court in Essex.

Lord Arthurson said: “Mr Shrubsole, you should see this verdict as an opportunity, which your friends and victims cannot – you have the chance to start your life anew.

“I suggest that you dedicate the years of this Order to helping others and your own rehabilitation. I tell you, the opportunity is there and you can seize it.”