Driver who killed friend and left another in wheelchair spared jail

A retired accountant who killed one of his best friends in a tragic motorway crash has been spared jail after a judge described him as one of the most “broken” people he had seen in the dock.
Paul Shrubsole, 60, trembled as the judge told him he was being given a chance to live “in a way your friends and victims can’t”, more than three years after a fatal accident caused when his attention lapsed behind the wheel.
The court heard Shrubsole, from Essex, has not driven since July 24, 2021, when he used hands-free to make a call while driving on the M74 in South Lanarkshire and collided with Julian Wiseman, 57, and Paul Allum — his lifelong friends from Kent University, one of whom was his best man.
The three men had travelled from the south of England when Shrubsole’s concentration lapsed as traffic slowed and he called one of his travel companions, striking the two motorcyclists with his Nissan Qashqai.
Tony Graham KC, defending, told the court that Shrubsole voluntarily surrendered his driving licence after the crash, describing him as an “unremarkable” man with an “unblemished” driving record and no previous convictions.
Wiseman died at the scene, while Allum suffered spinal cord injuries which left him in a wheelchair, the court heard.
Shrubsole denied a charge of causing death by dangerous driving during a trial at the High Court in Glasgow, but was convicted.
Graham said: “On July 23, 2021, three men who had enjoyed four decades of friendship set off to enjoy what should have been a holiday, what should have been an enjoyable road trip, what should have been the first proper relief after lockdown.
“Julian Wiseman died and Paul Allum’s life changed forever.
“Nothing I can say and nothing my lord can do will restore Mr Allum’s health or bring Mr Wiseman back to life.”
The crash happened at 30-40mph, and would have likely caused only bodywork damage had Shrubsole struck another car, the court heard.
Graham said: “If Mr Allum and Mr Wiseman had not been on motorbikes, the chances are that motorists would have exchanged details. The consequences would have been nothing more than an increase in excess.”
The court heard Allum had supported Shrubsole throughout the court case, and was “coping with remarkable fortitude” with his injuries. Wiseman was described as a “rare force of life” who was adored by his fiancée, their son, a “huge friendship group” and former students.
Shrubsole, who is a married father, has no intention of driving again, according to his defence.
Graham urged a community sentence be imposed, describing Shrubsole as “respectable” and adding: “He has never been a burden on the state.”
Sentencing, the judge, Lord Arthurson, said: “I have read moving statements by Mr Wiseman’s fiancée and son which reflect the talent and energy of his adult life. He was a rare and wholly genuine lifeforce.
“Mr Allum suffered a spinal cord injury and is paraplegic, and now depends on a wheelchair and requires the support of two carers.
“Mr Allum appears to be coping with remarkable fortitude and strength of character. That fortitude extends to his continued support for you in this case. Rarely have I seen such a broken man in a court room.
“There is no public benefit of sending you to prison. You are of good character. You have not driven since this terrible incident and do not intend to drive again.”
Lord Arthurson imposed a two-year community payback order and 300 hours of unpaid work, as well as a disqualification of five years, passing further responsibility to Basildon crown court in Essex.
He said: “Mr Shrubsole, you should regard this sentence as an opportunity as your friends and victims can’t — you have a chance to begin your life anew.
“I suggest you dedicate the years of this order to helping others and rehabilitating yourself. I’m telling you the opportunity is there to be grabbed by you.”