Driver on mobile phone guilty of killing biker friend

Julien WisemanImage source, Grays Athletic
Image caption,

Julien Wiseman had recovered from cancer just before the fatal collision

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A man using his mobile phone while driving has been found guilty of killing his friend after crashing into his motorbike in South Lanarkshire.

Paul Shrubsole, 60, struck former lecturer Julian Wiseman, 57, with his Nissan Qashqai on the M74, near Lesmahagow, in July 2021.

His car also hit his friend Paul Allum's motorbike and left him with life-changing injuries.

The High Court in Glasgow heard Shrubsole, of Essex, used his hands free mobile device to make a call moments before the fatal collision.

A jury convicted him of causing the death of Mr Wiseman by careless driving.

'Very panicked'

The group had been driving in a convoy from England to Scotland on a trip.

Mr Wiseman and Mr Allum had driven ahead of Shrubsole's Qashqai.

Jurors heard how Shrubsole made a number of calls from his phone on the afternoon of the accident, one of which was to Mr Allum.

Prosecutor Chris Wilson told the court: "Twenty seconds. That's the period of time he failed to react to the lights of the flowing traffic ahead of him."

The charge states Shrubsole "failed to react to motor vehicles slowing in the lane ahead" and caused his car to collide with Mr Wiseman's motorbike.

It then struck Mr Allum's motorbike and a car.

A witness reported seeing one of the bikers being "thrown into the air."

Image source, PA
Image caption,

Shrubsole will be sentenced at the High Court in Glasgow next month

Shrubsole was said to be "very panicked" and a police officer claimed that he was "agitated."

Jurors were told that he sent a text message to a contact on his mobile, which read: "I've killed Julian and Paul. I ploughed into the back of them."

Shrubsole also made admissions when he was spoken to by police.

He told officers: "I accept full liability. I was on the phone, it was hands free, I pressed dial and it was it."

Shrubsole had been friends with Mr Wiseman and the pair had set up Grays Athletic walking football team together.

Mr Wiseman had recovered from cancer just before the collision.

A post mortem examination revealed the father-of-two suffered injuries including a fractured arm and fractures to the skull.

He also sustained fractures to the ribs, chest bone and back as well as wounds to his lungs, heart, liver spleen and kidney.

Mr Wiseman's cause of death was said to be "multiple injuries due to road traffic collision".

Mr Allum suffered a spinal injury as well as fractures to his ribs and left leg.

He now requires the use of a wheelchair and relies on the assistance of two support workers.

'Kind, caring and compassionate'

Paying tribute to the former maths lecturer Mr Wiseman following his death, his family said: "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.

"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."

Grays Athletic said Mr Wiseman was a warm and friendly person who would be "sorely missed by everybody who had the pleasure of knowing him".

Shrubsole stood trial initially accused of causing Mr Wiseman's death by dangerous driving however this was changed to careless driving after he was convicted by the jury.

Judge Lord Arthurson deferred sentence until next month pending background reports.

He told the first offender: "The jury found you guilty of an extremely serious offence in this utterly tragic case.

"All options are available to me including custody and I will disqualify you from driving."

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