Coroner considers referring M1 smart motorway death to CPS

Grandmother Nargis Begum, 62, was killed in a crash on the M1 in 2018

A coroner is considering whether to refer Highways England to the Crown Prosecution Service (CPS) over the death of a woman on a smart motorway.

Nargis Begum, 62, died on the M1 in South Yorkshire in September 2018.

Coroner Nicola Mundy said Highways England may have to answer manslaughter charges in connection with her death.

The case at Doncaster Coroner's Court was adjourned until 11 February to allow government lawyers time to prepare a response, Ms Mundy said.

Mrs Begum, from Sheffield, a mother-of-five and grandmother-of-nine, was in a Nissan Qashqai driven by her husband which broke down on the M1 near Woodall Services.

She left the Nissan and was awaiting help when another vehicle crashed into her car, which then hit her.

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At a pre-inquest review the coroner heard more than 16 minutes had elapsed between the Nissan breaking down and the collision, plus a further six minutes before warning signs were activated.

"I want to know why, essentially," she said. "It's as simple as that."

Ms Mundy said she was considering whether the government-owned Highways England has a case to answer for corporate manslaughter or gross negligence manslaughter.

The CPS has decided against prosecuting the driver who hit the Nissan.

Ms Mundy said she was also considering whether to refer this decision back to the CPS based on the evidence she had seen.

A Highways England spokesperson said  "Our thoughts and sympathies are with the family of Mrs Begum and all those affected by this tragic incident. We appreciate this remains a terribly difficult time for them.   

"We will assist the coroner in the forthcoming inquest and provide the information she has requested. Every road death is tragic, and we are working hard to make our roads as safe as possible."

Jason Mercer died on the smart motorway near Meadowhall in June 2019

In a similar case, Jason Mercer and Alexandru Murgeanu died after being hit on a section of smart motorway near Sheffield.

Mr Mercer's widow, Claire, is campaigning against smart motorways and said in October that the wrong person was jailed after 40-year-old lorry driver Prezemyslaw Szuba was prosecuted for causing Mr Mercer's and Mr Alexandru's deaths by careless driving.

Thirty-eight people have been killed on smart motorways across the country in the past five years.