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Harry Dunn’s parents can appeal high court decision on immunity for Anne Sacoolas

Teenager died in August 2019 after motorbike crashed into car driven on wrong side of road by American national

Chiara Giordano
Thursday 03 December 2020 11:14 EST
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Harry Dunn, 19, who died after his motorbike crashed into a car driven by American Anne Sacoolas near RAF Croughton, Northamptonshire, in 2019
Harry Dunn, 19, who died after his motorbike crashed into a car driven by American Anne Sacoolas near RAF Croughton, Northamptonshire, in 2019 (Family handout/PA)

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The parents of Harry Dunn have been given the go-ahead to appeal a High Court ruling that their son’s alleged killer was entitled to diplomatic immunity.  

Dunn, 19, died after his motorbike was involved in a crash with a car being driven on the wrong side of the road by American Anne Sacoolas near RAF Croughton, Northamptonshire, in 2019.  

Ms Sacoolas, whose husband worked as a technical assistant at the RAF base, returned to her home country after the US government asserted diplomatic immunity on her behalf, sparking an international row.  

She was charged with death by dangerous driving in December 2019, but an extradition request submitted by the Home Office was rejected by the US State Department in January — a decision it later stressed was "final".  

Mr Dunn's parents, Charlotte Charles and Tim Dunn, launched a legal challenge claiming Ms Sacoolas should not have been granted immunity.  

But Lord Justice Flaux and Mr Justice Saini concluded she "enjoyed immunity from UK criminal jurisdiction" as part of their judgment handed down on 24 November.  

Charlotte Charles and Tim Dunn were said to be “delighted” after learning they had been granted permission to appeal against the ruling on Wednesday.  

Family spokesman Radd Seiger said: "Harry's parents were obviously disappointed with the ruling that Anne Sacoolas had diplomatic immunity.  

"From the moment the judgment was handed down, they were given very strong legal advice that the ruling was wrong and should be appealed.  

"The new legal team, which now includes the leading global law firm Allen & Overy, have worked round the clock to submit the appeal.  

"Harry's parents are delighted that the court has granted permission in their case as it signals that the judges accept that their decision may be wrong."  

According to PA news agency, the Foreign Commonwealth and Development Office (FCDO) is understood to have made submissions objecting to the family's application — arguing that their grounds for appeal did not have "a real prospect of success".  

An FCDO spokeswoman said the High Court ruling was "clear" and showed Ms Sacoolas "held immunity" at the time of the crash.  

She added: "As the foreign secretary has said, we are on the side of the family and the US refusal to extradite Anne Sacoolas amounts to a denial of justice, and she should return to the UK.  

"The High Court's judgment was clear, Anne Sacoolas held immunity, and the Foreign Office acted properly and lawfully throughout."  

Additional reporting by PA 

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