Harry Dunn: Foreign Office 'obstructed criminal investigation', court hears
The teenager's parents allege suspect Anne Sacoolas should have had her immunity waived, in line with the UK-US agreement.
Friday 19 June 2020 13:41, UK
The Foreign Office has been accused of "obstructing a criminal investigation, under pressure from the United States" at a High Court hearing.
Charlotte Charles and Tim Dunn claim Foreign Secretary Dominic Raab and Northamptonshire Police acted unlawfully over the departure of Anne Sacoolas from the UK.
Geoffrey Robertson QC, representing Mrs Charles and Mr Dunn, told the court that the Foreign Office "has through its actions obstructed a criminal investigation, under pressure from the United States".
Harry Dunn, 19, was killed in August when his motorbike crashed into a Volvo driving on the wrong side of the road outside RAF Croughton in Northamptonshire.
Mrs Sacoolas, whose husband Jonathan Sacoolas worked as a technical assistant at the base, claimed diplomatic immunity following the crash and was able to return to the US.
The 42-year-old was later charged with causing death by dangerous driving in December, however an extradition request was refused by the US the following month.
Mr Dunn's parents argue that the Foreign Office "acted unlawfully by proceeding as if Anne Sacoolas conclusively had immunity and/or advising other state bodies that she did", which they say prevented Northamptonshire Police "from reaching an informed view as to the immunity issue".
In a so-called "Exchange of Notes" between the UK and US in 1994-95, an agreement was made over immunity for administrative and technical staff at RAF Croughton "on the understanding that the United States government ... waives the immunity ... in respect of acts performed outside the course of their duties".
But another document disclosed by the Foreign Office - a briefing note sent to Sir Tony Baldry, then a junior minister at the department, in May 1995 - has shown that concerns were raised that "an accident involving the claim of immunity could make the local if not national headlines".
After a preliminary hearing on Thursday, conducted remotely by video call, Lord Justice Flaux and Mr Justice Saini rejected the application for the Foreign Office to disclose further evidence ahead of a full hearing.
Lord Justice Flaux said: "We do not consider that any of the documents sought is necessary for the fair and just determination of the issues in the case, so that application is refused."
The court also refused an application to rely on expert evidence from Sir Ivor Roberts, "one of the country's most distinguished diplomats".
Lord Justice Flaux added: "Whilst we, of course, acknowledge his eminence, we do not consider any of that evidence to be admissible or relevant to the issues we have to decide."
Mr Robertson argued that Mr Sacoolas had "only limited" immunity from prosecution in relation to "acts performed in the course of his duties", and that his wife entered the UK with "none at all since she would perform no duties relating to the mission".
The court directed that a full hearing of Mrs Charles and Mr Dunn's case will be heard in October or November.