Police ‘kept in the dark’ by Foreign Office over Harry Dunn suspect Anne Sacoolas claim to diplomatic immunity

Harry Dunn, 19, died when his motorbike was involved in a head-on collision near RAF Croughton, in Northamptonshire in August.
PA
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The family of Harry Dunn say police officers were kept “in the dark” by the Foreign Office about the alleged killer’s claim to diplomatic immunity, the High Court heard today.  

The 19-year-old died when his motorbike was struck by a car being driven on the wrong side of the road by American Anne Sacoolas, as she headed out to dinner with her family on August 27 last year.  

Sacoolas, whose husband Jonathan is a US intelligence officer, left the country a few weeks after the crash and an attempt to extradite her to face a trial was blocked by American authorities.  

Mr Dunn’s parents, Charlotte Charles and Tim Dunn, are bringing judicial review proceedings against the Foreign Office, claiming it wrongly decided Anne Sacoolas was entitled to diplomatic immunity when allowing her to leave the country.  

Outlining the case this morning, Geoffrey Robertson QC argued the government department had acted unlawfully by not telling Northamptonshire Police there was a question mark over Sacoolas’ immunity claim.  

Harry Dunn’s parents are fighting for justice
AP

“The procedure was unconstitutional, the Foreign Office made a concluded decision and kept it away from the police”, he said.  

“Whether or not the Foreign Office was correct in giving up to the Americans, it was nonetheless an unconstitutional procedure for them to take that decision.  

“The police were kept in the dark as to the whole issue.”

The court heard Sacoolas admitted she had “made a mistake” by driving on the wrong side of the road, while Mr Dunn confirmed how the crash happened as he lay badly wounded at the roadside. 

After leaving the UK, Sacoolas, 43, was charged with causing death by dangerous driving but an extradition request was rejected by the US in January.  

Mr Dunn’s parents travelled to the US last October in search of justice, but say they were ambushed by President Donald Trump who wanted to resolve the issue with a photocall, said Mr Robertson. 

“They were invited to the White House to meet President Trump… where he attempted to engineer a surprise confrontation between them and Anne Sacoolas”, he said.  

“They agreed to meet her if she returned, but the US national security adviser, Robert O’Brien, told them directly at the meeting that Anne Sacoolas ‘was never coming back’.  

Dominic Raab, Foreign Secretary
REUTERS

“(They) believe the President was trying to charm them into accepting a photocall reconciliation in which they would accept that it was all a sad and forgivable accident.”

The family say questions over Sacoolas’ diplomatic status arose when she was still in the UK, and if the police had known it may have tried to interview her and ask the CPS to bring a criminal charge.  

However Mr Robertson pointed the court to police notes which showing officers believed they would need a waiver to immunity, with no question that Sacoolas was entitled to that status.  

The Foreign Office “tacitly accepted the Sacoolas family’s departure from the UK” in mid-September in a text to a US embassy official saying: “I think that now the decision has been taken not to waive (immunity), 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 row over immunity dates back to a 1995 agreement by the UK to put staff at RAF Croughton – where Mr Sacoolas was based - on the diplomatic list, but with a request that the US waives immunity for administrative and technical staff on “acts performed outside the course of their duties”.

The Foreign Office says the waiver of immunity only applied to staff at RAF Croughton, not family members, arguing this means Sacoolas was entitled to exemption from criminal prosecution.  

President Trump is accused of ambushing the Dunn family
EPA

But Mr Robertson argued this would leave the UK in an “absurd” position where family members have greater protection than staff at RAF Croughton.  

In written submissions to the court, Sir James Eadie QC, for the Foreign Office, argued the government “plainly did not obstruct the police investigation” and had actively tried to assist the criminal case.  

Resisting the judicial review claim, he said Foreign Office officials requested a waiver specifically for Sacoolas and “objected in strong terms” to her departure from the UK.  

The case is due to be heard by Lord Justice Flaux and Mr Justice Saini over the course of the next two days. 

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