Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Daily Mirror
Daily Mirror
National
Thomas McArthur & Sam Tobin & Josh Payne

Harry Dunn's family denied access to documents on 'secret agreement' between US and UK

The High Court has refused to force the Foreign Office to release documents about a "secret agreement" between the UK and US governments that gave diplomatic immunity to the alleged killer of a teenage British boy.

Harry Dunn, 19, was killed in August 2019 when his motorbike crashed head-on into a Volvo driving on the wrong side of the road outside RAF Croughton in Northamptonshire.

His distraught parents Charlotte Charles and Tim Dunn are bringing legal action against Foreign Secretary Dominic Raab and Northamptonshire Police, claiming they acted unlawfully over the departure of Anne Sacoolas, the alleged driver of the car, from the UK.

Sacoolas, 42, whose husband Jonathan Sacoolas worked as a technical assistant at the base, claimed diplomatic immunity following the crash and was able to return home to the US.

Undated family handout photo of Harry Dunn, whose family are set to meet the shadow foreign secretary to encourage parliamentary scrutiny over the Foreign Office's (FCO) handling of the case. PA Photo. Issue date: Wednesday May 6, 2020. Family spokesman Radd Seiger said they will have a virtual meeting with Lisa Nandy on Friday to "discuss and agree next steps". See PA story POLICE Diplomat. Photo credit should read: Family Handout/PA Wire NOTE TO EDITORS: This handout photo may only be used in for editorial reporting purposes for the contemporaneous illustration of events, things or the people in the image or facts mentioned in the caption. Reuse of the picture may require further permission from the copyright holder. (PA)

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

Harry 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".

Following 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.

Anne Sacoolas, the American diplomat's wife who fled to the US after allegedly killing Harry Dunn in a road accident. (Internet Unknown)

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 said: "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."

The court directed that a full hearing of Mrs Charles and Mr Dunn's case will be heard in October or November.

Geoffrey Robertson QC, representing Mrs Charles and Mr Dunn, earlier told the court that the Foreign Office "has through its actions obstructed a criminal investigation, under pressure from the United States".

Photo by Ken McKay/ITV/REX (10438809c) Charlotte Charles and Tim Dunn (Ken McKay/ITV/REX)

He 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".

Sir James Eadie QC, for the Foreign Office, said Mr Raab "has acted lawfully at all times".

He argued that the Foreign Office "has already given extensive disclosure, well in excess of what is strictly required" and the claimants' request for further material should be refused.

Sir James also rejected the "serious allegation" that the Government had failed to disclose relevant documents to Mr Dunn's parents, saying: "There is no basis whatever for the repeated assertion, both in these proceedings and the media, that the Secretary of State has failed in any way to comply with his duty of candour."

Mr Dunn's parents released a statement ahead of Thursday's hearing, saying: "All we want is for Anne Sacoolas to come back."

They told the PA news agency it was clear that "something went badly wrong in London" before their son's alleged killer left the UK.

In the statement, they said: "We couldn't believe when Anne Sacoolas was allowed to leave the UK and still can't believe it now.

"We know the American government are responsible for that. You do not get to kill someone and walk away.

"However, it is clear to us that things went badly wrong in London too and that the UK Government allowed her to leave unlawfully."

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.