The family of a mother who was one of four people killed in a horror M25 crash where a lorry ploughed into the back of a minibus feels the CPS has made a “mockery” of her life after the truck driver was sentenced to a “measly” three years in jail.
Jennifer Smith, 59, was killed along with three other passengers after Ethan Burdett, 67, from Ipswich, crashed his lorry into the back of a minibus carrying 10 passengers on the M25 in August 2021.
Nicola Elliott, 42, and Deborah Douglas, 48, Jennifer’s daughter and sister, said Burdett was initially charged with four counts of death by dangerous driving and causing serious injury after the crash, which under the Police , Crime, Sentencing and Courts Act 2022 can carry a life sentence.
But Burdett denied the charges, instead pleading guilty to causing death and serious injury by careless driving, for which offenders can face up to five years’ imprisonment.
Nicola and Deborah said they were told the CPS initially rejected the plea, but changed their minds after reviewing the forensic and CCTV evidence before Burdett was sentenced on July 4 – nearly three years after the crash.
Burdett was sentenced to three years in jail for four counts of causing death by careless driving and disqualified from driving for four-and-a-half years.
“The sentence makes a mockery of my mum’s life – it makes it seem worthless,” Nicola told the PA news agency.
“I feel let down by the CPS and judicial system because my mum worked her entire life to help homeless people and those in difficulty.
“The CPS is there to serve justice and this is not justice.”
On August 23, 2021, Jennifer, who had recently started a new job as service manager for the homeless hostel Branches, attended a work trip to Southend-on-Sea.
On the way home, the minibus ground to a halt after joining a queue of traffic in the first lane ahead of the exit slip road at Junction 26 on the M25, near Waltham Abbey in Essex.
Moments later, Burdett’s lorry ploughed into the back of the minibus with such force it was propelled into the car in front, a silver Ford Mondeo.
The minibus toppled over sideways and came to a stop with its wheels off the ground, while the Mondeo was sent spinning 180 degrees, with its bonnet left under the minibus’ roof.
Jennifer and two other passengers, Dexter Augustus, 60, and Abigael Muamba, 31, were killed in the crash, while Lisa Gardiner, 44, later died of her injuries. The other passengers, including the driver, also suffered serious and minor injuries.
At this point, Nicola and Deborah were blissfully unaware of what had happened and when Jennifer did not answer her phone later that evening, they assumed she had either lost her phone or simply gone to bed after having a long day.
But the next day, just before 4pm, two police officers turned up at Deborah’s house in Bromley and broke the news that her sister was one of the four people who had died in the horrific crash.
Over the next few hours, Deborah and her brother Stephen called every member of their family and asked them to come over as soon as possible, including Nicola who was growing increasingly concerned about why her mother was not answering the phone.
“We just thought something had happened to her, but at no point did I think she was gone,” said Nicola.
“When I got to Debbie’s home, I could hear the crying and the wailing coming from inside.
“When I got through the door, my uncle told me what had happened and I just passed out.
“Looking back now, it was just carnage, there’s no other word for it, it was absolutely heart-breaking carnage.”
After the initial shock, Jennifer’s family wanted to find out what had happened.
They learned Burdett had failed to react in time before colliding with the minibus and were told the police were building a case and waiting on forensic results.
Deborah and Nicola said they were informed in early 2023 that Burdett had been charged with four counts of death by dangerous driving, for which the maximum penalty was recently increased from 14 years to life imprisonment.
When the pair attended Chelmsford Crown Court on July 5, they said Burdett denied the charges, instead pleading guilty to four counts of causing death by careless driving, a lesser offence which carries a sentence of up to five years.
“They proceed to say that Mr Burdett would plead not guilty to dangerous driving but was willing to plead guilty at that time to careless driving,” said Nicola.
“The CPS said no, we won’t accept that plea, we’ve looked at all the evidence and believe he was driving dangerously.”
The case had to be adjourned until April this year. When Deborah and Nicola returned to court, they were expecting the Crown Prosecution Service (CPS) to reject his plea and fight the case, but were shocked to learn just 24 hours before the hearing that after reviewing the evidence they were going to accept it.
“Can you imagine our heartache after what took almost three years,” said Deborah.
Burdett was sentenced on July 4 to three years in prison, disqualified from driving for four-and-a-half years, and will then have to retake his driving test.
“When they accepted his plea, there was nothing we could do about it,” said Nicola.
“I feel let down and it’s heart-breaking because it feels like the CPS just didn’t care enough.”
Deborah and Nicola have now launched a petition on Change.org demanding the CPS be “held accountable” in which they described Burdett’s sentence as “measly”.
“We’re devastated beyond comprehension,” said Nicola.
“It’s been such a long road and it’s been so difficult. We just feel broken all over again.”
“She was the heart of our family,” added Deborah.
A Crown Prosecution Service spokesperson said: “This is a profoundly tragic case, and our deepest condolences remain with the families of Dexter Augustus, Lisa Gardiner, Abigael Muamba and Jennifer Smith.
“We made the decision to accept a guilty plea to causing death by careless driving after important CCTV evidence came to light which showed the lorry driver’s view may have been obstructed for some of the time prior to the collision.
“We are writing to the families of each of the victims to explain our decision in more detail and will be closely scrutinising our handling of this case.”
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