The parents of Harry Dunn have launched an application for judicial review against the Foreign Secretary Dominic Raab over his decision to accept that Anne Sacoolas had diplomatic immunity.
Charlotte Charles and Tim Dunn are taking action against Mr Raab and the Chief Constable of the Northamptonshire Police in the High Court for failing to arrest Mrs Sacoolas, 43, in the days following the accident which killed their 19-year-old son.
— Radd Seiger (@RaddSeiger) November 7, 2020
At a virtual hearing on Wednesday, 11 November, the couple’s lawyer, Sam Wordsworth QC, said the Foreign Office had kept Northamptonshire Police "in the dark" as to whether Ms Sacoolas had diplomatic immunity.
She was the wife of Jonathan Sacoolas, a CIA operative who worked at a US listening station at RAF Croughton in Northamptonshire.
— Adam Wagner (@AdamWagner1) November 10, 2020
Mr Wordsworth said the US nationals working at RAF Croughton had limited diplomatic immunity but a waiver “in respect of acts performed outside the course of their duties” was agreed in 1995 in an exchange of notes between the British and American governments, which was modified in 2001 and 2006.
He said: “Mr Sacoolas never had any immunity outside of his normal duties and therefore Mrs Sacoolas could not benefit as a derivative from that.”
Mrs Sacoolas, who has admitted to driving on the wrong side of the road for 20 seconds prior to Harry Dunn’s death, is refusing to return to the UK to face justice.
Last week the Crown Prosecution Service wrote to Ms Sacoolas urging her to surrender to the British authorities.
— John O'Connor (@j_oconnor37) November 4, 2020
The US Secretary of State Mike Pompeo has rejected an extradition request for Miss Sacoolas but last month the couple appealed to Joe Biden to reconsider this position.
Over two days, Lord Justice Flaux and Mr Justice Saini are hearing an application for a judicial review of the case.