Van driver sentenced over fatal smart motorway crash

A van driver who killed the passenger of a broken-down car on a smart motorway where the safety alert system was malfunctioning has been given a suspended sentence.

Barry O'Sullivan was driving his work van on the M4 in Berkshire when he hit the Nissan Micra, which burst into flames with 68-year-old Pulvinder Dhillon inside.

Dhillon's daughter had been driving and was able to escape, but the grandmother from London died despite rescue attempts made by other motorists.

O'Sullivan, 45, was sentenced at Reading Crown Court after being found guilty of causing death by careless driving. He was given a six-month jail term, suspended for 12 months. He was also banned from driving for 12 months.

Prosecutors at Reading Crown Court said any competent driver should still have avoided the Micra as it stood stranded on the M4 westbound between junctions 11 and 12.

The defence argued an accident was always likely to happen and that O'Sullivan, of Wixams, Bedfordshire, was failed by the smart motorway system.

Its system to alert motorists of obstructions had not been working for days before.

O'Sullivan was found to have been driving his Ford Transit Connect van at about 77mph and was not wearing a seatbelt in the moments before the crash at about 08:30 GMT.

Footage taken in the moments before the impact showed 35 motorists passing the Micra safely.

Judge Amjad Nawaz said it was O'Sullivan's "duty" as a driver to ensure he was driving safely, regardless of the alleged failures with the smart motorway.

"No warning does not mean any event cannot occur," he said.

He said O'Sullivan suffered a "momentary lapse of concentration" at the wheel, the cause of which had never been established.

The judge added: "Nothing the defendant said explained why he didn't see the car ahead.

"There were plenty of cues, and no evidence of slowing down."

Dhillon's youngest son Manvir said in a statement read to the court that his mother left Tanzania and an abusive husband when she moved to the UK to raise her children.

He said she was his "best friend" and was the "heart and soul" of their family.

"Just the day before this horrific incident, she had been at a party, dancing away and living her life to the fullest, as she had always done," the statement read.

"One day she was dancing and the next she is no longer alive. How could we ever forget this and move on?

"It was so sudden and although it has nearly been four years, we are still unable to fully process this."

For O'Sullivan, defence barrister Ian Bridge said he was "filled with remorse" and that the impact of what happened remained profound.

O'Sullivan spent months in hospital after the crash, cannot walk more than 10m without becoming breathless and uses a crutch.

Bridge said what happened was an "utter disaster from everyone's point of view."

In a statement read to the court, O'Sullivan added: "There is not a day I don't think about how sorry I am about this situation. This is something that will truly haunt me forever."

Investigating officer Det Sgt Mark Dunne, from Thames Valley Police, said: "Although the detection system on the smart motorway was not functioning at the time, other drivers saw the stranded Nissan vehicle and took the necessary evasive action, and we received a number of 999 calls alerting us to the break down in a live lane.

"Tragically, prior to our arrival on scene, O'Sullivan collided with the Nissan, causing a catastrophic injury to Pulvinder.

"Our case was always that the manner of O'Sullivan's driving was careless, regardless of the status of the smart motorway systems not alerting drivers to the stranded car at the time.

"Pulvinder was a much loved person, and I hope that her family can begin to move forward with their lives in some way now that sentencing has concluded."

An inquest into Dhillon's death is expected and O'Sullivan said he would cooperate with that process.