Smart motorway deaths: South Yorkshire Police to review coroner's files

Alexandru Murgeanu (l) and Jason Mercer were killed in the crash on the M1 in South Yorkshire

Police are to examine inquest documents relating to two smart motorway deaths to establish if Highways England is criminally responsible.

South Yorkshire Police wants to review files about Jason Mercer and Alexandru Murgeanu, who died on a stretch of the M1 with no hard shoulder in 2019.

It comes after a coroner said smart motorways carried "an ongoing risk of future deaths".

Police say they want to assess the need for "further criminal investigations".

Mr Mercer, 44, and Mr Murgeanu, 22, died when lorry driver Prezemyslaw Szuba crashed into their vehicles on the M1 near Sheffield on 7 June 2019.

The two men had stopped between junctions 34 and 35 where the hard shoulder has been replaced by an active lane.

At an inquest into their deaths Coroner David Urpeth recorded a verdict of unlawful killing and called for a review of smart motorways.

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In a statement South Yorkshire Police (SYP) said it would be "requesting full disclosure from HM Coroner of all documents and evidence, which led to his conclusions that the evidence showed there was an obvious and foreseeable risk posed by the absence of a hard shoulder on smart motorways".

"This review of any additional material generated from the inquest will allow SYP to determine if a crime has been committed, and as a consequence, whether any further criminal investigations should take place, in close consultation with the Health and Safety Executive (HSE)," it said.

However, the force said it was "not instigating a formal criminal investigation into Highways England".

A Highways England Spokesperson said: "Our deepest sympathies are with the families of Mr Mercer and Mr Murgeanu, and all those affected by this tragic incident.

"Safety is Highways England's number one priority and we always work to make the strategic road network safer.

"It would be inappropriate for us to provide comment on the activity of South Yorkshire Police."

Nargis Begum was fatally injured in a crash on the M1 in 2018

The South Yorkshire force's comments come just days after a coroner in Doncaster said Highways England should be investigated over possible manslaughter charges in relation to another smart motorway death.

Nargis Begum, 62, from Sheffield, had got out of her Nissan Qashqai car on the M1 near Meadowhall and was waiting for help when another vehicle collided with the Nissan, causing it to plough into her.

Following the coroner's comments Highways England said it did not believe it had committed any offence.

South Yorkshire Police and Crime Commissioner Dr Alan Billings said there was "mounting" evidence that there is "something is seriously wrong" with smart motorways.