Driver from Essex spared jail after killing lifelong friend and paralysing another

The trio were on a road trip holiday in Scotland 3 years ago. The retired accountant was driving his car in convoy behind his friends riding their bikes, but when the convoy slowed the 60 year old was using his hands-free to call one of them, and crashed into them both.

Mr Wiseman died at the scene, while Mr Allum suffered spinal cord injuries which left him in a wheelchair, Glasgow High Court heard.

During the hearing, defending, Tony Graham KC told the court Shrubsole voluntarily surrendered his driving licence following the crash, describing him as an "unremarkable" man with an "unblemished" driving record and no previous convictions. He is a married father, with no intention of driving again.

Mr 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.

Mr 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 Mr Allum had supported Shrubsole throughout the court case, and was "coping with remarkable fortitude" with his injuries.

Mr Wiseman was described as a "rare force of life" who was adored by his fiancee, their son, a "huge friendship group" and former students, 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.

Mr Graham urged a community sentence be imposed, describing Shrubsole as "respectable" and adding: "He has never been a burden on the state."

Sentencing, Judge Lord Arthurson said: "I have read moving statements by Mr Wiseman's fiancee 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."

He 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.

Lord Arthurson 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."

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