Smart motorways: Jason Mercer’s widow protests as corporate manslaughter probe is dropped

It was not how widow Claire Mercer expected to be celebrating her husband’s 47th birthday.
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But today she was standing outside a Sheffield police station with a giant protest board calling for action to end so-called ‘smart’ motorways on which husband Jason died three years ago.

Jason Mercer and Alexandru Murgeanu died after being hit by a lorry on the M1 near Meadowhall, controversially converted into all-lanes running ‘smart motorway’, with no hard shoulder, in 2019.

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Smart Motorways: Stop them now or more people will die, says South Yorkshire wid...
Claire Mercer, whose husband Jason was killed along with Alexandru Murgeanu when they were both hit by a lorry after stopping on a section of smart motorway on the M1 near Sheffield following a minor collision, campaigns outside South Yorkshire Police HQ in Sheffield, to mark the third anniversary of her husband's death. Photo: Danny Lawson/PA WireClaire Mercer, whose husband Jason was killed along with Alexandru Murgeanu when they were both hit by a lorry after stopping on a section of smart motorway on the M1 near Sheffield following a minor collision, campaigns outside South Yorkshire Police HQ in Sheffield, to mark the third anniversary of her husband's death. Photo: Danny Lawson/PA Wire
Claire Mercer, whose husband Jason was killed along with Alexandru Murgeanu when they were both hit by a lorry after stopping on a section of smart motorway on the M1 near Sheffield following a minor collision, campaigns outside South Yorkshire Police HQ in Sheffield, to mark the third anniversary of her husband's death. Photo: Danny Lawson/PA Wire
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Claire has campaigned for them to be scrapped ever since, and blames them for Jason’s death. She was upset when South Yorkshire Police ended a corporate manslaughter investigation into National Highways with no charges.

National Highways was previously known as Highways England.

Claire, from Rotherham, was at South Yorkshire Police's HQ today, and later near the junctions 30 and 31 of the M1 and Woodall services as a mark of respect to Nargis Begum and Derek Jacob, who also lost their lives on smart motorways.

She said of the protest, on Jason’s birthday: “We always booked the day off on birthdays, and always made sure that we did something a bit different, like going to a spa. He loved going to spas. On his last birthday, we went to a beer tasting session, and I ended up much more worse for wear than Jason. We were like big kids in that we never wanted to work on a birthday.

“Jason didn’t do birthday cakes – he always had a birthday pork pie.

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“This year I wanted to use the signs to show we are still in virtually the same position as last time I brought out a big sign like this, because, to my eyes, the police investigation was ended prematurely. I’m back again, with a large, expensive ad van, to show there has been no change.

“We were told the corporate manslaughter investigation had been dropped because the legislation didn't fit the crime. They investigated into whether Highways England failed in a duty of care. If they have dropped it, to me, this suggests that Highway England does not have a duty of care. But the motorway’s a dangerous environment which they have made more dangerous.

“I appreciate South Yorkshire Police investigated. It feels like they’ve dropped the ball.

“Sometimes it feels like Jason is just a shared memory. Sometimes it feels like 10 minutes since I was with him. Sometimes it feels like 10 years. I’ve lost a great bloke, who was the life and soul of any party.

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“We need to remember those who have died because of these motorways. They’re not just statistics. It’s nearly three years since Jason died - I have to stand up and fight.”

The organisation Smart Motorways Kill, set up by Claire, is considering a civil case against National Highways

Following concerns raised by the public, police, MPs and coroners, the Government agreed to pause the roll-out of smart motorways while safety is assessed, but campaigners want them to be removed altogether.

National Highways chief executive, Nick Harris, said: “Our deepest sympathies remain with the families of Jason Mercer, Alexandru Murgeanu and Nargis Begum. We care passionately about people using our network and we participated fully in the police investigation.”

He said smart motorways are the safest roads in the country for deaths.