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Raab condemns US refusal to extradite Anne Sacoolas over Dunn death Raab condemns US refusal to extradite Anne Sacoolas over Dunn death
(about 4 hours later)
Foreign secretary calls decision a ‘denial of justice’ and says UK would have acted differentlyForeign secretary calls decision a ‘denial of justice’ and says UK would have acted differently
The foreign secretary has condemned the US decision to refuse an extradition request for the suspect charged with causing the death of Harry Dunn, saying the UK would have “acted differently”.The foreign secretary has condemned the US decision to refuse an extradition request for the suspect charged with causing the death of Harry Dunn, saying the UK would have “acted differently”.
Harry Dunn died after a crash outside a US military base in Croughton, Northamptonshire, on 27 August 2019.Harry Dunn died after a crash outside a US military base in Croughton, Northamptonshire, on 27 August 2019.
Anne Sacoolas, 42, was charged with causing his death by dangerous driving in December, but she left the UK days afterwards when the US government claimed she had diplomatic immunity. Sacoolas is the wife of an intelligence officer based in Croughton. Anne Sacoolas, 42, was charged with causing his death by dangerous driving in December but she left the UK days afterwards when the US government claimed she had diplomatic immunity. Sacoolas is the wife of an intelligence officer based in Croughton.
Revealing he had already protested to the US ambassador, Woody Johnson, Dominic Raab said: “We feel this amounts to a denial of justice, and we believe Anne Sacoolas should return to the UK. We are now urgently considering our options. I also explained that the UK would have acted differently if this had been a UK diplomat serving in the US.Revealing he had already protested to the US ambassador, Woody Johnson, Dominic Raab said: “We feel this amounts to a denial of justice, and we believe Anne Sacoolas should return to the UK. We are now urgently considering our options. I also explained that the UK would have acted differently if this had been a UK diplomat serving in the US.
“I emphasised that work to improve road safety on and around the Croughton base must continue, and the need to resolve the issue whereby family members at RAF Croughton are immune from criminal prosecution.”“I emphasised that work to improve road safety on and around the Croughton base must continue, and the need to resolve the issue whereby family members at RAF Croughton are immune from criminal prosecution.”
The business secretary, Andrea Leadsom, who is the constituency MP for the Dunn family, insisted: “Diplomatic immunity should not be at play here. The person who has been charged by the CPS must be brought back the UK to stand trial. We stand shoulder to shoulder with Harry’s family to get justice done.” The business secretary, Andrea Leadsom, who is the constituency MP for the Dunn family, insisted: “Diplomatic immunity should not be at play here. The person who has been charged by the CPS must be brought back the UK to stand trial. We stand shoulder to shoulder with Harry’s family to get justice done.” Leadsom is due to meet Johnson on Friday.
Leadsom is due to meet Johnson on Friday.
The US informed the Home Office that it had rejected the extradition request late on Thursday, in a move that will renew controversy over imbalance in the US-UK extradition treaty, as well as the potential misuse of diplomatic immunity.The US informed the Home Office that it had rejected the extradition request late on Thursday, in a move that will renew controversy over imbalance in the US-UK extradition treaty, as well as the potential misuse of diplomatic immunity.
A 1995 treaty between the UK and US covering the Croughton base has been interpreted by the UK as giving diplomatic immunity to all family and staff at the base including Sacoolas, even though she is not a diplomat but the wife of an intelligence agent on the site. She returned to the US after the crash, and the extent of co-operation by British officials in her departure is one of many controversies of the case. The Foreign Office (FCO) says the diplomatic immunity issue no longer arises now that she is now in the US. A 1995 treaty between the UK and US covering the Croughton base has been interpreted by the US as giving diplomatic immunity to all family and staff at the base including Sacoolas, even though she is not a diplomat but the wife of an intelligence agent on the site. She returned to the US after the crash, and the extent of co-operation by British officials in her departure is one of many controversies of the case. The Foreign Office (FCO) says the diplomatic immunity issue no longer arises now that she is in the US.
A spokesman for the Dunn family claimed Donald Trump had been determined to protect Sacoolas from the outset and said it was the first time the US had rejected such an extradition request by the UK. The Dunn family lawyers were surprised by the speed of the US’s decision, which they said showed it had been taken at a political level, short circuiting the legal process.
Dunn’s mother, Charlotte Charles, said she would keep fighting. “It doesn’t matter when, whether it’s this administration or the next. The extradition request is always going to be over Anna Sacoolas’s head, and we’re never going to give up.”
The former head of special crime at the CPS and liaison prosecutor in Washington DC suggested the UK government had few options. He said: “The law of diplomatic immunity in this area is not completely clear hence the confusion over whether diplomatic immunity applied immediately after Sacoolas left the UK. The UK and US have interpreted the law differently here, and there is no court in which that dispute can be resolved.”
A spokesman for the Dunn family said Donald Trump had been determined to protect Sacoolas from the outset and said it was the first time the US had rejected such an extradition request by the UK.
Radd Seiger, the family spokesman, said: “This administration is behaving lawlessly and taking a wrecking ball to one of the greatest alliances in the world. This is a lawless, corrupt administration that appears intent on attacking even its closest international ally.”Radd Seiger, the family spokesman, said: “This administration is behaving lawlessly and taking a wrecking ball to one of the greatest alliances in the world. This is a lawless, corrupt administration that appears intent on attacking even its closest international ally.”
He urged the British government to meet the family to discuss the next steps, but seemed to acknowledge Sacoolas would not be returning to face charges of causing death by dangerous driving, at least until a new administration was elected in Washington. He said: “This administration will go away, but this extradition request will never go away.” The family are seeking judicial review over how the FCO handled the case. Boris Johnson had foreshadowed the decision in a new year interview but politically it is a blow to his claim, before trade talks, that a close political relationship with Trump would bring the UK privileged results.
The family are seeking judicial review over how the FCO handled the case. Boris Johnson had foreshadowed the decision in a new year interview, but politically it is a blow to his claim, before trade talks, that a close political relationship with Trump would bring the UK privileged results.
In its statement refusing the UK extradition request, the US state department said Sacoolas had immunity from criminal jurisdiction throughout her stay in the UK.In its statement refusing the UK extradition request, the US state department said Sacoolas had immunity from criminal jurisdiction throughout her stay in the UK.
“If the United States were to grant the UK’s extradition request, it would render the invocation of diplomatic immunity a practical nullity and would set an extraordinarily troubling precedent,” it said.“If the United States were to grant the UK’s extradition request, it would render the invocation of diplomatic immunity a practical nullity and would set an extraordinarily troubling precedent,” it said.
The US president has called the crash a “terrible accident”, saying it is common for Americans in Britain to have difficulty driving on the left side of the road.The US president has called the crash a “terrible accident”, saying it is common for Americans in Britain to have difficulty driving on the left side of the road.
Speaking on BBC Radio 4, Seiger said: “History was made last night. It is the first time the US has turned down a UK extradition request. It is one of the darkest days in the history of this special relationship. Boris Johnson wanted to be prime minister and he is now being tested severely. I am expecting him to come today to meet me and the family and tell us what he is going to do about it. The Dunn family, who have met Trump in the White House to discuss their plight, had been a seeking judicial review of the claim Sacoolas had diplomatic immunity, arguing the agreement between the UK and US over the base either did not give staff that status or that if it did, the agreement was in breach of the Vienna convention covering diplomatic immunity.
“Is the US position now that it is OK for their service personnel to come over to the UK and kill British citizens and get on the next plane home? There is not a single person round here who is going to stand for that.” The FCO said it will seek costs against the Dunn family over any judicial review since it is normal to protect taxpayers’ money in this way. The Dunn family said the costs threat is an attempt to suppress their attempts to find the truth, including the interactions between the Foreign Office, the US embassy and Northamptonshire police.
He also claimed scores of other people had been killed or seriously injured in recent years due to inexperience of driving on the left. Official figures show 32 were killed between 2015 and 2018, and more than 400 seriously injured.
US commanders at the Croughton listening base have instigated driving refresher courses in an effort to prevent American servicemen and women forgetting to drive on the left. Northamptonshire police have offered free courses to US personnel.
The Dunn family, who have met Trump in the White House to discuss their plight, had been a seeking judicial review of the claim that Sacoolas had diplomatic immunity, arguing that the agreement between the UK and US over the base either did not give staff that status, or that if it did the agreement was in breach of the Vienna convention covering diplomatic immunity.
The FCO has warned it will seek costs against the Dunn family over any judicial review since it is normal to protect taxpayers’ money in this way. The Dunn family claim the costs threat is an attempt to suppress their attempts to find the truth, including the interactions between the Foreign Office, the US embassy and Northamptonshire police.
One of the barristers acting for the Dunn family tweeted: “Even if Sacoolas had immunity whilst she was in the UK, everyone seems to accept she doesn’t have it now. There is therefore no reason arising from international law that the request is an ‘abuse’ or for it to be refused.”
Reacting to Raab’s comments on the extradition, the family spokesman criticised the UK for still seeking to impose the costs on the family of any judicial review into the case.Reacting to Raab’s comments on the extradition, the family spokesman criticised the UK for still seeking to impose the costs on the family of any judicial review into the case.
The family spokesman said: “It remains their position that intelligence officers at RAF Croughton have diplomatic immunity and that if we dare challenge that in court they will seek to effectively make us bankrupt if we lose the case by forcing us to pay legal costs.
“That amounts to a huge arm around the US government’s position that their (the US) personnel are free to come to the UK, kill UK citizens or shed their blood, and then get on the next plane back home.”