Driver who killed best friend in M74 crash most 'broken' man judge has seen

A retired accountant who killed one of his best friends and left another disabled in a motorway crash has been given a community payback order.

Paul Shrubsole was told by a judge that there was “no public interest” in sending him to prison describing him as one of the most “broken” people he had seen in the dock.

The 60-year-old had been on a holiday to Scotland with friends of 40 years Julian Wiseman and Paul Allum on July 24 2021.

Shrubsole was behind the wheel of his Nissan Qashqai with the two other men on motorbikes.

Shrubsole got distracted by his hands-free phone and failed to react in time to the road ahead.

He hit dad of two Mr Wiseman, 57, and also collided with Mr Allum’s bike on the M74 near Lesmahagow in Lanarkshire.

Maths lecturer Mr Wiseman never recovered and Mr Allum requires the use of a wheelchair as a result.

Shrubsole was sentenced at the High Court in Glasgow.

He had earlier been convicted of causing death and serious injury by careless driving.

The lawyer for Shrubsole, of Essex, had asked Lord Arthurson him not to send him to prison.

Sentencing, the judge said all three men had met while at Kent University – one of them was Shrubsole’s best man.

He noted Mr Allum had showed “continued support” for his friend despite what happened.

Lord Arthurson: “I have read a moving impact statement prepared by Mr Wiseman’s fiance and son.

“He was rare and wholly genuine life force.”

Mr Allum had also penned an emotional statement – the judge remarked he is now paraplegic, but is coping with “remarkable fortitude”.

Lord Arthurson went on: “As I observed you in the dock (at trial), rarely have I seen such a broken individual in the courtroom.

“Your remorse is genuine and profound. There is no public benefit in sending you to prison.

“You are serving your own indefinite sentence of grief and remorse.”

Shrubsole instead was made subject of a two year community payback order.

He will be supervised during that period and also has to do 300 hours of unpaid work.

Shrubsole – who has vowed never to get behind the wheel again – was banned from driving for five years.

The judge said Shrubsole should use this opportunity to “dedicate the years to serving others and rehabilitate himself”.

The former accountant and Mr Wiseman had previously set up Grays Athletic walking football team together.

Mr Wiseman had recovered from cancer shortly before the fatal collision.

The trial heard how Shrubsole used his hands free mobile device to dial moments before the collision.

Prosecutor Christopher Wilson told jurors in his closing speech: “20 seconds. That’s the period of time he failed to react to the lights of the flowing traffic ahead of him.”

A witness reported seeing one of the motorcyclists being “thrown into the air.”

Shrubsole was described as “very panicked” at the scene.

Jurors were told that Shrubsole sent a text message to a contact on his mobile.

It read: “I’ve killed Julian and Paul. I ploughed into the back of them.”

Shrubsole later said to police: “I accept full liability. I was on the phone, it was hands free, I pressed dial and it was it.”

Mr Wiseman suffered a string of injuries including multiple fractures.

Mr Allum suffered a serious spinal injury, uses a wheelchair and needs the help of support workers.

Tony Graham KC, defending, said: “In July 2021, three men – with four decades of friendship – set off on what should have been a holiday, a road trip.

“It was perhaps the first relief after what the (covid) lockdown imposed.

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

“From that day, a journey began taking Mr Shrubsole – a middle-aged accountant – to the dock of a high court in another part of the UK.”

Mr Graham added Shrubsole would be “happy” to be disqualified from the road for life as he had not driven since the incident.

Tributes were paid to Mr Wiseman following his death.

A statement from his family said: “We would like to extend condolences to all of those affected by his loss, particularly to all of his students who always meant so much to him.

“Words cannot express what a kind, caring, compassionate and supportive person Julian was and he will be sorely missed by everybody who had the pleasure of knowing him.”

A statement from his Grays Athletic team read: “Julian was a very warm and friendly person who engaged with all players in the club to encourage them to play better.”