Cellphone driver escapes prison after killing friend

A driver who killed his friend, a motorcyclist, in an accident while using his mobile phone has avoided a prison sentence.

Paul Shrubsole, 60, was driving his Nissan Qashqai on the M74 near Lesmahagow, South Lanarkshire, when he encountered 57-year-old former lecturer Julian Wiseman in July 2021.

His car also crashed into his friend Paul Allum's motorcycle, causing life-changing injuries.

Shrubsole must perform two years' community service and was sentenced to 300 hours' unpaid work. He has been banned from driving for five years.

The judge, Lord Arthurson, said there was “no public interest” in sending him to prison as he was one of the “most broken” people he had seen in the dock.

The accident occurred while Shrubsole was on holiday in Scotland with Mr Wiseman and Mr Allum, his friends of 40 years.

The High Court in Glasgow heard that Shrubsole, from Essex, had made a call on his hands-free device shortly before the fatal collision.

Last month he was found guilty by a jury of causing Mr Wiseman's death by careless driving.

The group were travelling in convoy from England to Scotland, and Mr Wiseman and Mr Allum were driving in front of Shrubsole's Qashqai.

Jurors heard that Shrubsole was distracted and did not react in time to the road ahead.

Defence counsel Tony Graham KC had asked Lord Arthurson not to send Shrubsole to prison.

In sentencing, the judge said all three men had met while studying at Kent University and one of them had been Shrubsole's best man.

He acknowledged that Mr Allum had shown his friend “continued support” despite the incidents.

Lord Arthurson said: “I have read a moving statement from Mr Wiseman's fiancée and son. He was a rare and thoroughly genuine force of life.”

“Mr Allum also wrote an emotional statement and the judge said he was now paraplegic but was coping with it with 'remarkable fortitude.'”

The judge told Shrubsole: “As I watched you in the dock, I have rarely seen such a broken person in the courtroom.”

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

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

Shrubsole has vowed never to drive again.

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

The former accountant and Mr Wiseman had previously founded the Grays Athletic walking football team together.

Mr Wiseman had recently recovered from cancer before the collision.

Prosecutor Christopher Wilson told the jury in his closing argument: “Twenty seconds. That is the amount of time he did not respond to the traffic lights in front of him.”

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

Shrubsole was described as “very panicked” when he arrived at the scene of the accident.

The jury was told that Shrubsole sent a text message to a contact on his mobile phone which read: “I killed Julian and Paul. I drove into their backs.”

Shrubsole later told police: “I accept full responsibility. I was on the phone, the speakerphone was on, I pressed the dial button and that was it.”

Mr Wiseman suffered a number of injuries, including several broken bones, while Mr Allum suffered a serious spinal injury.

Mr Graham said Shrubsole would be “happy” if he were permanently disqualified from driving.

In their grief, Mr Wiseman's family paid tribute to the former mathematics lecturer following his death, saying: “We would like to express our sincere condolences to all those affected by his loss, especially to all his students who always meant so much to him.”

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

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