Barry O’Sullivan sentenced for fatal M4 crash where smart motorway alerts were malfunctioning

A minibus driver who killed the passenger of a faulty car on a faulty smart motorway has been spared an immediate prison sentence.

Barry O’Sullivan was sentenced to six months’ imprisonment, suspended for 12 months, on Friday.

He was convicted in an earlier trial of causing the death of 68-year-old Pulvinder Dhillon on March 7, 2022, by reckless driving.

O’Sullivan, 45, was driving a gray Ford work van along the M4 when he crashed into a Nissan Micra that was stopped in the fast lane of the motorway.

The collision, which occurred during morning rush hour on the westbound M4 motorway between junctions 11 and 12, caused both vehicles to move forward and the Nissan burst into flames.

Ms Dhillon, who was a passenger in her daughter’s Micra, was fatally injured.

It was later discovered that an unresolved technical fault in the M4 smart motorway network meant that radar alerts for faulty vehicles were not properly transmitted to the control room, and this was not the case for five days before the accident.

But sentencing O’Sullivan at Reading Crown Court on Friday, Judge Amjad Nawaz said the lack of warning lights should not diminish the driver’s duty to remain alert at all times.

“Every driver owes a duty of care to other users,” Judge Nawaz said.

“Having no warning lights does not diminish this mission in any way.

“Nothing the defendant said explained why he could not see the car in front,” the judge added.

“There were numerous clues and no evidence of slowing down.”

The prosecution had previously told the court that O’Sullivan did not detect “cues” that the vehicle was stationary, including the fact that other drivers had taken steps to avoid the broken-down Nissan.

The judge also stated that the defendant’s driving that day showed a “lack of attention” and added: “There was a lack of attention.

“We don’t know what caused the distraction.”

The court heard O’Sullivan was seriously injured in the crash and his life expectancy was reduced as a result.

In a statement read to the court by prosecutor Ian Hope, the victim’s youngest son, Manvir Dhillon, said his mother was his “best friend” and their family was struggling to recover from her sudden loss.

“The day before this terrible incident, she was at a party, dancing and living her life to the fullest, as she always did,” the statement said.

“One day he was dancing and the next day he was no longer alive.

“How can we forget this and move on?

“It happened so suddenly, and almost four years later we still haven’t fully processed it.”

Part of the statement was addressed directly to O’Sullivan and was read out in court.

It read: “We know you didn’t set out that morning to take someone’s life, but the truth is you did.

“Where are your driving standards, your training? All these questions remain unanswered because you refuse to admit guilt.

“I’m not saying you’re the only one to blame, but you had an important role to play.

“I would prefer you to at least come to me and admit that you made a mistake or weren’t paying attention,” the statement said.

“I can’t say I understand it, but I can relate because I know how easy it is to lose focus when driving on a long road.”

In a statement read by defense lawyer Ian Bridge, O’Sullivan said: “My heart breaks for Pulvinder Dhillon’s family. There’s not a day that goes by that I don’t think about how sorry I am about this situation.”

“This is truly something that will haunt me forever.”

O’Sullivan was also told he would be banned from driving for 12 months.