Smart motorways: South Yorkshire widow says 'fight has just begun' after manslaughter charges disappointment

A South Yorkshire widow says ‘the fight isn’t over’ to see National Highways charged with corporate manslaughter for the deaths of people on smart motorways.
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In a statement on February 1, temporary Assistant Chief Constable Sarah Poolman said the organisation “did not owe road users a relevant duty of care” in law, and concluded it “cannot be held liable” for corporate manslaughter.

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Families told no corporate manslaughter charges will follow over Sheffield 'smar...
Claire with husband Jason Mercer, who died on the M1 in South Yorkshire at Junction 34 in 2019 when he was struck by a lorry.Claire with husband Jason Mercer, who died on the M1 in South Yorkshire at Junction 34 in 2019 when he was struck by a lorry.
Claire with husband Jason Mercer, who died on the M1 in South Yorkshire at Junction 34 in 2019 when he was struck by a lorry.
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Now, Rotherham widow and anti-smart motorway campaigner Claire Mercer says she is preparing to fight the decision through a judicial review.

“The fight is far from over. In fact, the fight just got doubled,” said Claire.

“This just means the law doesn’t fit the crime, and there is a gaping hole in the law.”

Claire lost her husband Jason, 44, on the M1 close to Meadowhall in June 2019. He was killed along with another man, Alexandru Murgeanu, when they were hit by a lorry while stationary on the all-lanes-running motorway after a minor crash.

Nagis Begum, from Sheffield, was killed in a crash on a stretch of the M1 smart motorwayNagis Begum, from Sheffield, was killed in a crash on a stretch of the M1 smart motorway
Nagis Begum, from Sheffield, was killed in a crash on a stretch of the M1 smart motorway
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A coroner later ruled the lack of hard shoulder contributed to their deaths as he entered a conclusion of unlawful killing.

Jason and Alexandru’s deaths were even considered in South Yorkshire Police’s ‘scoping exercise’ to decide if National Highways could be charged with corporate manslaughter.

However, after examining the death of Nargis Begum, South Yorkshire Police concluded that National Highways was only responsible through ‘duty of care’ if the stretch of smart motorway was under construction, and brought the investigation to an end.

Claire is unconvinced, and says she is now preparing to fight the case through a judicial review or private prosecution.

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She said: “They know if they prosecuted here it would set a precedent in other counties were people have died.

“We went into the meeting this week hoping that if corporate manslaughter wasn’t an option there was at least a chance at gross negligence.

“I have been told I can get a judicial review or, more likely, a private prosecution.

“It seems that, if I pay, I can have justice. But it won’t be justice – justice would be having Jason back.”

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Nargis Begum, a 62-year-old grandmother from Sheffield, died on a stretch of the M1 without a hard shoulder near Woodall services in September 2018.

The mother-of-five, who had nine grandchildren, had left a broken-down Nissan Qashqai and was waiting for help when another vehicle collided with the Nissan, sending it crashing into her.

It later emerged that 16 minutes elapsed between the Nissan breaking down and the collision. It took a further six minutes before warning signs were activated, a system that is touted as flagship feature of smart motorways to keep all lanes open to traffic and to intelligently close lanes in response to accidents.

In a pre-inquest hearing in February 2021, a coroner referred National Highways (formerly Highways England) to the Crown Prosecution Service to consider corporate manslaughter charges.

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Meanwhile, temporary ACC Poolman has promised a full report of the decision not to press charges will be released, adding: “I regret that SYP is unable to provide all the answers that families and campaigners are looking for.”

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