Francis Omigie sentence for death of Francis Shanley after M4 car crash

A man who caused a catastrophic M4 multi-vehicle pile-up that killed an Irish tradie and left his fiancee devastated says he is 'heartbroken' over the tragic crash.

A man who was found guilty of killing Irish tradie Francis Shanley after an 11-car pile-up on a stretch of the M4 at Mays Hill - known as Death Valley - can be released from jail in under two years.

Francis Omigie, 55, was found guilty of dangerous driving occasioning death and failing to stop and assist after the fatality near the Church St exit known as “Death Valley” on May 9, 2019.

Mr Shanley, a 36-year-old Irish expat who was engaged to Broc Nicholson, died after Omigie changed lanes in his rented green Toyota Echo so he could avoid a toll. He suddenly stopped at 5.50am, causing the fatal pile-up.

During his trial Omigie, who was on the familiar journey from his home at Ropes Crossing to work at St Peters when the crash occurred, denied hearing the collision despite a witness saying it was "louder than a demolition derby''. He drove away without rendering assistance.

At the Downing Centre Court on Thursday, Judge Jane Culver imposed a 42-month jail  sentence and disqualified him from driving for three years. He will be eligible for parole on April 4, 2023.

"It is without doubt a deeply tragic case,'' she said.

During a July sentence hearing, Omigie, a former electrical engineer who was convicted of domestic violence offences, said “I’m heartbroken”.

“My actions are regrettable. My actions led to the death of another human being, another human whose name was Francis, like myself. I regret everything.’’

Irishman Francis Shanley and his fiancee Broc Nicholson. Picture: Facebook

He confessed to his psychologist: "A life was lost. He has a family too. I feel sorry for him and his family. I made a wrong decision. I'm so sorry for driving away.''

The court had heard how Omigie texted his then-wife 90 minutes at 6.12am after the collision to say “you are not the same Agnes I married. I had three near-miss accident (sic)…’’

But Omigie denied “knowing anything happened on the M4”. Omigie later said a mechanical defect in the car caused him to stop, a claim the jury rejected.

“I didn’t have any near-miss accidents on the M4,’’ he told the court in July.

The denial led Crown prosecutor Monika Knowles to ask if the contents of his text messages to his wife “were just a coincidence”.

The court heard that the Nigerian migrant and father was joyful to live in Australia since 2016.

“It is like comparing light to darkness,’’ he said.

Francis Omigie was found guilty for Mr Shanley’s death.

Much of the sentence hearing this week revisited the role truck driver Luke Tidsell’s cannabis use played the morning of the fatality.

Defence barrister Rajiv Baldeo said the Isuzu truck driver's speed contributed to the crash after the truck, which had a tray of 130 empty beer kegs, collided with the back of Mr Shanley's ute, crushing him inside.

“The force of that impact was the direct result of that speed which occurred,'' he said.

Mr Tidsell was not charged with any offences.

During Mr Tidsell’s cross examination in March, the 34-year-old said he had a cigarette and coffee the morning of the deadly crash when he was on a regular journey from his Winmalee home to the Toohey’s brewery at Lidcombe.

He did not recall having cannabis that day but said he regularly smoked joints but the court heard it was Omigie's deliberate actions to cross lanes that caused Mr Shanley's death.

Justice Culver read Ms Nicholson's victim impact statement to the court.

"I find it hard to get out of bed some days. I suffer from anxiety when speaking to people and I even sometimes struggle to leave the house,'' she said.

Francis Shanley. Picture: Facebook

Truck driver Luke Tidsell. Picture: Monique Harmer

"I used to find comfort at the end of the bottle to cope with my depression and the intrusive, distressing flashbacks from the day of Francis's death.

"I now find it hard to connect to people and tend to shut people out. I've lost all self confidence and I now struggle every day with my job because of my lack of confidence, which has affected my performance at work.

"I'm not the same person as I was two years ago.''

During her sentencing remarks, Justice Culver said:

"No sentence can ever be a measure of human life, nor the suffering caused by the loss of human life.''

The horrific crash that claimed the life of Francis Shanley. Picture: Steve Hart/Twitter

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