Parents of Briton killed in road accident lose diplomatic immunity challenge

 

Charlotte Charles, mother of Harry Dunn, and Dunn family spokesperson Radd Seiger talk to the media outside the Foreign and Commonwealth Office in London, Britain, July 21, 2020. REUTERS/Henry Nicholls/Files

 

LONDON (Reuters) - The parents of a 19-year-old Briton killed in a road accident in 2019 lost their court battle with the British government on Tuesday over whether the wife of U.S. official involved in the crash had diplomatic immunity from criminal prosecution.

 

Harry Dunn's family have said Anne Sacoolas was driving on the wrong side of the road when she crashed with the teenager, who was riding a motor-bike, near an air force base in central England which is used by the U.S. military.

 

Sacoolas left Britain shortly after the accident. Her lawyer has said that she will not return voluntarily to potentially face jail for "a terrible but unintentional accident".

 

She was charged with causing death by dangerous driving in December but an extradition request was denied the following month.

 

Dunn's parents Charlotte Charles and Tim Dunn challenged British Foreign Secretary Dominic Raab and the Chief Constable of Northamptonshire Police in London's High Court over the determination that Sacoolas had diplomatic immunity at the time of his death.

 

They also alleged that the Foreign Office unlawfully confirmed or advised the relevant police force that Sacoolas had immunity from criminal jurisdiction.

 

The court ruled on Tuesday that Sacoolas did have immunity, that it had not been expressively waived, and also that any advice given was correct.

 

"They may have won round one but we have got many rounds to go and a lot of fight still in us," Charles told Sky News, saying she would never give up and they had an appeal under way against the decision.

 

"We've also got (U.S. President-elect Joe) Biden coming into power, we can hope that him and his team will show us that the U.S. do have a better side to them."

 

Raab said the verdict showed his department had acted lawfully throughout.

 

"I appreciate that won’t provide any solace to the family in their search for justice," he said. "We stand with them, we’re clear that Anne Sacoolas needs to face justice in the UK, and we will support the family with their legal claim in the U.S."

 

-- © Copyright Reuters 2020-11-24

 

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The existence of any diplomatic immunity in this case contravenes the logic of basic diplomacy. 

 

Diplomatic immunity exists to protect envoys from any interference in their duties by hosting authorities. That it is afforded in this case is outrageous. 

Unfortunately no surprise. I can understand them, and understand they want to continue, or maybe better have to continue, but it will lead to nowhere.

A sad day for justice and the Dunn family. Sacoolas (not a diplomat) should not have had immunity from her crime. Next time USA wants to extradite Brits to the USA the UK should deny any extradition until Sacoolas is returned to UK to face a court.

A bit like the Red Bull case, if you think about it.

Sickening and sad, and unfair for the family.

If Sacoolas had anything about her she would have saved Harry's parents all this anguish and returned voluntarily to accept responsibility for what happened .. 

1 hour ago, Justgrazing said:

If Sacoolas had anything about her she would have saved Harry's parents all this anguish and returned voluntarily to accept responsibility for what happened .. 

I'm inclined to agree with this but on the day in question she had immunity and nothing is going to change that no matter how hard they try.

From a report I read, Pompeo supported the claim of immunity, which lowered him greatly in my regard.

8 minutes ago, Enzian said:

From a report I read, Pompeo supported the claim of immunity, which lowered him greatly in my regard.

it took that to lower your opinion of him? lol

The fact that she didn’t faced the music and instead just effed off speaks volumes about her character! One can only hope that it will haunt her for the rest of her miserable life! 

Two points I would like to make.

First is technical/legal. Sacoolas was not a diplomat. She was a former CIA operative, married to a current CIA operative (not a diplomat either) who had diplomatic immunity. Don't call it "Diplomatic Immunity" if none of the parties involved is a diplomat. Call it what it is: "Immunity for anyone who commits a crime/felony/misdemeanor and whose prosecution may or may not hurt a foreign relation".

 

Second is moral/ethical. Sacoolas behavior is cowardly and sets an example for avoiding responsibility if you are privileged. A disgrace to herself and the values of her country.

From the goings on to date they were people here doing a job CIA or ex CIA they wont sent her back, with our gvmnt also benefiting from he or they being in the country any noise is a smokescreen

5 hours ago, pacovl46 said:

The fact that she didn’t faced the music and instead just effed off speaks volumes about her character! One can only hope that it will haunt her for the rest of her miserable life! 

 

The decision that she would leave the country was almost certainly made by the US government, not by her (though I'm sure she didn't object). Similarly, the immunity belongs to the sending government, not the individual, and only the government can waive it. 

$hit-Bag

18 hours ago, snoop1130 said:

Parents of Briton killed in road accident lose diplomatic immunity challenge

 

Charlotte Charles, mother of Harry Dunn, and Dunn family spokesperson Radd Seiger talk to the media outside the Foreign and Commonwealth Office in London, Britain, July 21, 2020. REUTERS/Henry Nicholls/Files

 

LONDON (Reuters) - The parents of a 19-year-old Briton killed in a road accident in 2019 lost their court battle with the British government on Tuesday over whether the wife of U.S. official involved in the crash had diplomatic immunity from criminal prosecution.

 

Harry Dunn's family have said Anne Sacoolas was driving on the wrong side of the road when she crashed with the teenager, who was riding a motor-bike, near an air force base in central England which is used by the U.S. military.

 

Sacoolas left Britain shortly after the accident. Her lawyer has said that she will not return voluntarily to potentially face jail for "a terrible but unintentional accident".

 

She was charged with causing death by dangerous driving in December but an extradition request was denied the following month.

 

Dunn's parents Charlotte Charles and Tim Dunn challenged British Foreign Secretary Dominic Raab and the Chief Constable of Northamptonshire Police in London's High Court over the determination that Sacoolas had diplomatic immunity at the time of his death.

 

They also alleged that the Foreign Office unlawfully confirmed or advised the relevant police force that Sacoolas had immunity from criminal jurisdiction.

 

The court ruled on Tuesday that Sacoolas did have immunity, that it had not been expressively waived, and also that any advice given was correct.

 

"They may have won round one but we have got many rounds to go and a lot of fight still in us," Charles told Sky News, saying she would never give up and they had an appeal under way against the decision.

 

"We've also got (U.S. President-elect Joe) Biden coming into power, we can hope that him and his team will show us that the U.S. do have a better side to them."

 

Raab said the verdict showed his department had acted lawfully throughout.

 

"I appreciate that won’t provide any solace to the family in their search for justice," he said. "We stand with them, we’re clear that Anne Sacoolas needs to face justice in the UK, and we will support the family with their legal claim in the U.S."

 

-- © Copyright Reuters 2020-11-24

 

- Whatever you're going through, the Samaritans are here for you

- Follow Thaivisa on LINE for breaking COVID-19 updates

A thorough abuse of the diplomatic immunity system. 

May well be legally correct, but the driver should be ashamed of herself for not facing up to what she did. Instead, she ran away.

4 hours ago, khunjeff said:

 

The decision that she would leave the country was almost certainly made by the US government, not by her (though I'm sure she didn't object). Similarly, the immunity belongs to the sending government, not the individual, and only the government can waive it. 

So you’re saying they just made her leave the country against her will? I highly doubt that! 

Troll post removed.

 

Oh well, life goes on...

18 hours ago, pacovl46 said:

23 hours ago, khunjeff said:

 

The decision that she would leave the country was almost certainly made by the US government, not by her (though I'm sure she didn't object). Similarly, the immunity belongs to the sending government, not the individual, and only the government can waive it. 

So you’re saying they just made her leave the country against her will? I highly doubt that! 

 

Actually, I said in so many words that "I'm sure she didn't object". The point, however, is that in cases like this the sending government will typically decide to send the individual home immediately so that she is well away from the host country while the matter is pursued behind the scenes and in the courts.

5 hours ago, khunjeff said:

 

Actually, I said in so many words that "I'm sure she didn't object". The point, however, is that in cases like this the sending government will typically decide to send the individual home immediately so that she is well away from the host country while the matter is pursued behind the scenes and in the courts.

I can read and I know what you wrote. What I was getting at is, what would’ve have happened if she had said she wants to stay and face the music? Would they have forcefully removed her? I guess not...

2 hours ago, pacovl46 said:

I can read and I know what you wrote. What I was getting at is, what would’ve have happened if she had said she wants to stay and face the music? Would they have forcefully removed her? I guess not...

 

Yes, they probably would have done exactly that. It seems likely that the reason for not waiving immunity was either that they wanted to avoid the possibility of questions in open court about the nature of her husband's presumably highly classified job in the UK, or that they wanted to prevent the principle of diplomatic immunity from being eroded. In either case, they would have no interest in her thoughts on the matter. 

On 11/26/2020 at 5:27 AM, mike787 said:

Oh well, life goes on...

Crass comment given a young lad is dead 

 

Utter disgrace of a woman! 

11 hours ago, khunjeff said:

 

Yes, they probably would have done exactly that. It seems likely that the reason for not waiving immunity was either that they wanted to avoid the possibility of questions in open court about the nature of her husband's presumably highly classified job in the UK, or that they wanted to prevent the principle of diplomatic immunity from being eroded. In either case, they would have no interest in her thoughts on the matter. 

I highly doubt that they would’ve asked her about what her husband does in her trial for vehicular manslaughter because it would be completely and utterly irrelevant to the case. Either way, I have zero respect for that woman!