Skip to main content

Harry Dunn’s ‘killer’ Anne Sacoolas was NEVER entitled to diplomatic immunity while her husband worked at RAF airbase, High Court hears

Harry Dunn's alleged killer Anne Sacoolas was never entitled to diplomatic immunity while her husband was working at an RAF airbase, the High Court has heard.

Lawyers representing Mr Dunn's family say a 1995 waiver agreed between the US and UK meant administrative and technical staff at RAF Croughton did not have diplomatic immunity beyond their duties.  

Mr Dunn, 19, was killed when his motorbike crashed into a car being driven on the wrong side of the road by American Anne Sacoolas outside RAF Croughton in Northamptonshire on August 27 last year.

Sacoolas, whose husband Jonathan Sacoolas worked as a technical assistant at the base, left the country a few weeks later after the US said she was entitled to diplomatic immunity.

But Sam Wordsworth QC, representing Mr Dunn's family, has today declared Sacoolas 'never had any relevant immunity'.

The 43-year-old was ultimately charged with causing death by dangerous driving last December, but an extradition request was rejected by the US State Department in January - a decision it later described as 'final'.

Documents unearthed at today's hearing also revealed a Foreign Office official predicted that a fatal car crash involving a diplomatic immunity claim would cause a public scandal 25 years before Mr Dunn's death.

Harry Dunn, 19, was killed when his motorbike collided with a car outside RAF Croughton

The FCDO maintains that Ann Sacoolas did have diplomatic immunity as the US-UK waiver only applied to staff at RAF Croughton, and not to their family members. Harry Dunn's parents Charlotte Charles and Tim Dunn watched today's hearing from home in Oxfordshire today

The FCDO maintains that Ann Sacoolas did have diplomatic immunity as the US-UK waiver only applied to staff at RAF Croughton, and not to their family members. Harry Dunn's parents Charlotte Charles and Tim Dunn watched today's hearing from home in Oxfordshire today 

A briefing note sent to Sir Tony Baldry, then junior FCO minister, in 1995 raised concerns that ‘an accident involving the claim of immunity could make the local if not national headlines.’

Foreign Secretary Dominic Raab’s office was warned that the case could cause some ‘very unpalatable headlines’ three days after the August 2019 crash, in a briefing note copied to his private secretary.

But the Foreign Office told Harry Dunn’s family Mr Raab was only made personally aware of the case after Sacoolas fled justice on September 15th, 19 days after the teenager died. 

Northamptonshire Police were also urged by the Foreign Office to delay telling his family that detectives had been prevented from interviewing Sacoolas under caution because the US insisted she maintain diplomatic immunity.

Detective Inspector Louise Hemmingway said in her statement that the Foreign Office had requested the delay while they ‘gain agreement on next steps’ after the waiver to her diplomatic immunity was refused.

Harry Dunn's mother Charlotte Charles watched High Court proceedings from home today, as the hearing was told Sacoolas 'never had any relevant immunity'

Harry Dunn's mother Charlotte Charles watched High Court proceedings from home today, as the hearing was told Sacoolas 'never had any relevant immunity'

Earlier today the Foreign Office was accused of  keeping police investigating the crash that killed Harry Dunn in the dark for two weeks over whether the driver had diplomatic immunity. 

Mr Dunn's parents, Charlotte Charles and Tim Dunn, claim the Foreign, Commonwealth and Development Office wrongly decided Sacoolas had diplomatic immunity and unlawfully obstructed Northamptonshire Police's investigation into their son's death.

Ms Charles and Mr Dunn initially also took legal action against Northamptonshire Police but that claim was dropped in July, with the family's spokesman saying the force had been 'absolved of any blame'.

Ms Charles listened fromhome in Oxfordshire as she heard the UK and US agreed in 1995 that administrative and technical staff at RAF Croughton would have their immunity waived in relation to 'acts performed outside the course of their duties'

Ms Charles listened fromhome in Oxfordshire as she heard the UK and US agreed in 1995 that administrative and technical staff at RAF Croughton would have their immunity waived in relation to 'acts performed outside the course of their duties'

In 1995, the UK agreed to an American request to include staff at RAF Croughton on the diplomatic list, but asked the US to waive the immunity of administrative and technical staff in relation to 'acts performed outside the course of their duties'.

The FCDO says that waiver only applied to staff at RAF Croughton and not their family members, meaning Anne Sacoolas did have immunity at the time of the crash.

But, at a remote hearing on Wednesday, Sam Wordsworth QC - representing Ms Charles and Mr Dunn - said Sacoolas had 'no duties at all' at the base and therefore 'never had any relevant immunity for the US to waive'.

At a remote hearing on Wednesday, Geoffrey Robertson QC said the FCDO 'took upon itself the authority to resolve the question of immunity and ultimately and unlawfully decided to accept the US embassy's decision that Anne Sacoolas had immunity'.

He said in written submissions that decision 'obstructed the police by preventing any effective further progress in its investigation into Harry's death and likely prosecution of Anne Sacoolas'.

Mr Robertson argued the FCDO 'tacitly accepted the Sacoolas family's departure from the UK', referring to a text message sent to a US embassy official on September 14 2019 - a day before Sacoolas and her family left the UK.

Anne Sacoolas left England after the crash last August and an extradition has been rejected

The message read: 'I think that now the decision has been taken not to waive , there's not much mileage in us asking you to keep the family here.

'It's obviously not us approving of their departure but I think you should be able to put them on the next flight out.'

The FCDO argues Sacoolas had diplomatic immunity on the basis of an agreement reached with the US embassy more than two decades ago.

In 1995, the UK agreed to an American request to include staff at RAF Croughton on the diplomatic list, but asked the US to waive the immunity of administrative and technical staff in relation to 'acts performed outside the course of their duties'.

The FCDO says that waiver of immunity only applied to staff at RAF Croughton at the time of Mr Dunn's death and not their family members - meaning Sacoolas did have diplomatic immunity at the time of the crash.

But Mr Robertson said: 'Since family members are not members of the mission and they have no duties, Anne Sacoolas was never entitled to any derivative or implied immunity from criminal jurisdiction.'

He added that it would be 'absurd' for family members to have 'greater privileges and immunities' than the staff at RAF Croughton 'from whom their immunity flows'.

In written submissions, the FCDO's barrister Sir James Eadie QC said: 'As a matter of international and domestic law, Mrs Sacoolas automatically had diplomatic immunity as the spouse of a member of the administrative and technical staff of the US mission.'

He argued the FCDO 'plainly did not obstruct the police investigation', adding: 'On the contrary, the Secretary of State sought to assist the police investigation, including by requesting a waiver of Mrs Sacoolas's immunity.'

Sir James told the court the US 'expressly waived the immunity from the UK's criminal jurisdiction of 'employees' or 'staff members'', but that 'at no point is there a waiver of the immunity enjoyed by the families of such individuals'.

He also said the FCDO officials had 'objected in strong terms' to Sacoolas leaving the UK, and 'repeatedly emphasised' that the department 'wanted the Sacoolas family to co-operate with the UK authorities'.

Sir James added that the person who sent the text message to a US embassy official last September 'had the previous day informed the recipient in person of the UK's strong objections to the US's intended course of action, but it was clear that there was no realistic prospect of convincing the US to change its approach'.

The hearing before Lord Justice Flaux and Mr Justice Saini is expected to conclude on Thursday.

Popular posts from this blog

Study Abroad USA, College of Charleston, Popular Courses, Alumni

Thinking for Study Abroad USA. School of Charleston, the wonderful grounds is situated in the actual middle of a verifiable city - Charleston. Get snatched up by the wonderful and customary engineering, beautiful pathways, or look at the advanced steel and glass building which houses the School of Business. The grounds additionally gives students simple admittance to a few major tech organizations like Amazon's CreateSpace, Google, TwitPic, and so on. The school offers students nearby as well as off-grounds convenience going from completely outfitted home lobbies to memorable homes. It is prepared to offer different types of assistance and facilities like clubs, associations, sporting exercises, support administrations, etc. To put it plainly, the school grounds is rising with energy and there will never be a dull second for students at the College of Charleston. Concentrate on Abroad USA is improving and remunerating for your future. The energetic grounds likewise houses various

Best MBA Online Colleges in the USA

“Opportunities never open, instead we create them for us”. Beginning with this amazing saying, let’s unbox today’s knowledge. Love Business and marketing? Want to make a high-paid career in business administration? Well, if yes, then mate, we have got you something amazing to do!   We all imagine an effortless future with a cozy house and a laptop. Well, well! You can make this happen. Today, with this guide, we will be exploring some of the top-notch online MBA universities and institutes in the USA. Let’s get started! Why learn Online MBA from the USA? Access to More Options This online era has given a second chance to children who want to reflect on their careers while managing their hectic schedules. In this, the internet has played a very crucial in rejuvenating schools, institutes, and colleges to give the best education to students across the globe. Graduating with Less Debt Regular classes from high reputed institutes often charge heavy tuition fees. However onl

Sickening moment maskless 'Karen' COUGHS in the face of grocery store customer, then claims she doesn't have to wear a mask because she 'isn't sick'

A woman was captured on camera following a customer through a supermarket as she coughs on her after claiming she does not need a mask because she is not sick.  Video of the incident, which has garnered hundreds of thousands of views on Twitter alone, allegedly took place in a Su per Saver in Lincoln, Nebraska according to Twitter user @davenewworld_2. In it, an unidentified woman was captured dramatically coughing as she smiles saying 'Excuse me! I'm coming through' in the direction of the customer recording her. Scroll down for video An unidentified woman was captured dramatically coughing as she smiles saying 'Excuse me! I'm coming through' in the direction of a woman recording her A woman was captured on camera following a customer as she coughs on her in a supermarket without a mask on claiming she does not need one because she is not sick @chaiteabugz #karen #covid #karens #karensgonewild #karensalert #masks we were just wearing a mask at the store. ¿ o