A taxi driver who fell asleep behind the wheel and crashed into a man who had stopped in a layby has been sentenced to six years in prison. Kolawole Erunkulu, 45, from Bexleyheath in south London, was driving an Audi along the A23 in Merstham shortly before 6.30am on Sunday, 17 August 2025, when his vehicle veered across the road and struck 59-year-old Philip Dray. Philip had pulled his Volkswagen safely into a layby to take a break. He was getting back into his vehicle and opening the driver's door when he was hit by the Audi. He died at the scene.

CCTV captured the moments before the collision, showing the Audi's nearside wheels crossing the white road markings and entering the layby. The vehicle then moved back towards the carriageway after hitting Philip.

A police investigation found that Erunkulu had been working for approximately 53 hours during the three days leading up to the fatal crash.

Information obtained from his employers showed that his longest period of rest during that time was only seven hours, taken three days before the collision. He had also had one break lasting around four hours and two breaks of approximately two hours each.

In the hours immediately before the crash, Erunkulu had spent around 12 hours working as a taxi driver, with only short breaks during his shift.

Investigators also recovered footage from a camera inside the Audi which showed Erunkulu experiencing what was described as a "microsleep" — a brief period of involuntary sleep lasting only seconds.

During one of these episodes, the Audi crossed the carriageway and entered the layby, where it struck Philip.

The vehicle continued moving for around 10 seconds following the collision before Erunkulu eventually pulled into another layby.

Erunkulu, who holds both British and Nigerian nationality, pleaded guilty to causing death by dangerous driving at a court hearing in June.

He was sentenced at Guildford Crown Court on Tuesday, 25 August, receiving six years in prison. The court heard that he could have faced a nine-year sentence had the case gone to trial and resulted in a conviction.

He was also banned from driving for eight years, to run alongside his prison sentence. Should he seek to regain his licence in the future, he will be required to complete an extended driving test.

During sentencing, Her Honour Judge Lees said the footage demonstrated that Erunkulu had been "extremely tired" and had continued driving despite his condition.

"He was driving commercially," she said. "Even though he didn’t have a passenger, he could have done and has driven in that state. All of this could have been stopped had he have slept."

Acting Detective Inspector Rob Baldwin, from the Serious Collision Investigation Unit, said the case demonstrated how dangerous driving while exhausted can be.

"Mr Erunkulu had worked long hours with insufficient rest over the preceding days, accumulating a sleep debt," he said.

"Fatigue can seriously impair a driver’s ability to remain alert and react safely, particularly during the early hours of the morning when the natural drive to sleep is at its strongest.

"Anyone who feels tired should not continue driving, as the consequences can be devastating."

Family Pays Tribute to Philip

Philip's family described him as "an amazing partner and man" following his death.

His sister said he had been "dependable and steady" and was "the sort of person people could rely on without hesitation".

"He never sought attention and lived his life quietly, but he cared deeply about others and treated people with respect and decency. He was simply a good man," she said.

She also said Philip had spent his working life being a responsible and conscientious driver who took the safety of his passengers and fellow road users seriously.

"The fact that he, someone who worked every day to keep others safe, had his life taken in such a way makes this loss even more incomprehensible and tragic."

Philip's partner remembered him as "a sweet, gentle, and caring man", saying the couple had been each other's "cheerleader, advisor, partner, and best friend".

She described him as "the one who was always there to give me a hug".

"Phil was my partner and my soulmate," she said, describing the impact of his death as an "enormous emotional and physical void".

She said Philip would regularly call her several times a day, including while waiting for clients or during his lunch break, simply to check how her day was going.

"I miss those calls very much," she said.

In an effort to raise awareness of the dangers associated with fatigued driving, Philip's family have agreed to the release of footage showing Erunkulu falling asleep at the wheel.

The family hope the footage will serve as a warning to other motorists and reinforce the importance of stopping to rest when feeling too tired to drive safely.

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