Taxi driver jailed after falling asleep at the wheel and killing a man in a Merstham layby
Kolawole Erunkulu had driven for around 53 hours in the three days before the crash on the A23
A taxi driver has been jailed for six years after falling asleep at the wheel and killing a man who had pulled over for a break in Merstham.
Kolawole Erunkulu, 45, from Bexleyheath, admitted causing death by dangerous driving after his Audi veered across the A23 and struck 59-year-old Philip Dray.
He was sentenced at Guildford Crown Court on Tuesday 25th August.
What happened
Officers were called to the scene shortly before 6.30am on Sunday 17th August 2025.
Philip Dray had parked his Volkswagen safely in a layby for a break and was opening the driver's door to get back in when he was hit.
CCTV footage showed the Audi's nearside wheels cross completely over the white lines into the layby before correcting course after the collision.
Philip died at the scene.
53 hours of driving in three days
Video footage from Erunkulu's car was examined by detectives, alongside data from his employers.
It showed he had been driving for around 53 hours over the three days leading up to the crash.
His longest rest period between drives was three days beforehand, for just seven hours, with other breaks of around four hours and two of around two hours.
In the period immediately before the crash, he had been working as a taxi driver for around 12 hours, with only minor breaks.
Footage from his interior camera showed him falling into a "microsleep", a very brief episode of sleep lasting just seconds, during which the brain is not processing any information.
During one of these episodes his vehicle veered across the carriageway and hit Philip, driving on for another 10 seconds before parking at the next layby.
Sentencing
Erunkulu, who has joint British and Nigerian nationality, was charged in March 2026 and pleaded guilty when he appeared in court in June.
He was jailed for six years. Had he been convicted after a trial, the sentence would have been nine years.
He was also disqualified from driving for eight years, which runs concurrently, and will face an extended retest if he reapplies for his licence.
In her summing up, Her Honour Judge Lees said: "The footage shows the defendant was extremely tired and, in my view, has continued to drive when he must have known that. He was driving commercially. 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: "This case sadly highlights the very real dangers of driving while fatigued. Mr Erunkulu had worked long hours with insufficient rest over the preceding days, accumulating a sleep debt.
"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."
Tributes to Philip Dray
Philip's family described him as "an amazing partner and man."
His sister said Philip was "dependable and steady; 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.
"Philip spent his life as a careful and conscientious driver, ensuring the safety of his passengers and other road users. 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 described him as "a sweet, gentle, and caring man." She said they were each other's "cheerleader, advisor, partner, and best friend", and he was "the one who was always there to give me a hug."
She said: "Phil was my partner and my soulmate" and described "an enormous emotional and physical void" without him. "He would ring me several times a day whenever he was waiting for a client or at lunch, just to see how my day was going. I miss those calls very much."
To highlight the dangers of driving while fatigued, the family have agreed to the release of video footage of the driver falling asleep at the wheel.