UK and US agree to amend ‘anomaly’ that allowed Harry Dunn ‘killer’ Anne Sacoolas to flee Britain

The UK and US have agreed to close a loophole which allowed Harry Dunn’s suspected killer to claim diplomatic immunity.

Officials rubber-stamped plans to amend the ‘anomaly’ in immunity agreements for relatives of staff at RAF Croughton, the US base in Northamptonshire where the teenager died after his motorbike crashed into a Volvo driving on the wrong side of the road. 

The change comes too late for the grieving family of Mr Dunn, whose alleged killer Anne Sacoolas, an American diplomat’s wife, fled across the Atlantic and has not returned.

However, the 19-year-old’s mother Charlotte Charles said the announcement made by Foreign Secretary Dominic Raab was a ‘huge step forward’ – adding that one of the family’s aims was for this to ‘never happen to another family again’.

Harry Dunn, 19, was killed when his motorbike crashed into a car outside a US military base in Northamptonshire on August 27 last year 

The change comes too late for the grieving family of Mr Dunn, whose alleged killer Anne Sacoolas, pictured, an American diplomat’s wife fled across the Atlantic and has not returned

Foreign Secretary Dominic Raab announced the end of the loophole in the Commons today

She said their campaign would continue for Sacoolas’s return to the UK.

In his written statement, Mr Raab said: ‘First and foremost, the US waiver of immunity from criminal jurisdiction is now expressly extended to the family members of US staff at the Croughton Annex, thus ending the anomaly in the previous arrangements and permitting the criminal prosecution of the family members of those staff, should these tragic circumstances ever arise again.

‘We have the deepest sympathy for Harry Dunn’s family. No family should have to experience what they have gone through and I recognise that these changes will not bring Harry back.

‘However, I hope that the knowledge that the Croughton arrangements have been revised and that a family in their position would now see justice done brings some small measure of comfort.’

Last month, Mr Dunn’s parents lost a High Court battle to force the Foreign Office to reveal documents relating to the ‘secret immunity’ deal it agreed with Sacoolas after she fled the country. 

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

Ms Charles and Tim Dunn have said they are bringing legal action against Mr Raab and Northamptonshire Police, claiming they allowed Sacoolas to leave the UK unlawfully.

However, following a preliminary hearing in June, 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.

The secret agreement was originally made between the UK and the US in 1995 and updated in 2001.

The family of Harry Dunn, (left to right) Tim Dunn (Harry’s father), Charlotte Charles (Harry’s mother), Tracey Dunn and Bruce Charles

In a so-called ‘Exchange of Notes’, an agreement was made over immunity for administrative and technical staff at RAF Croughton.

But in another document disclosed by the Foreign Office (FCO) – a briefing note sent to Sir Tony Baldry, then a junior FCO minister, in May 1995 – concerns were raised that ‘an accident involving the claim of immunity could make the local if not national headlines’. 

Sir Tony said in a witness statement for the High Court case that he believed FCO lawyers at the time would not have ‘created a situation whereby immunity was waived for agents outside work, but not for their spouses’.

Giving his thoughts on the announcement surrounding the immunity agreements at RAF Croughton, the Foreign Secretary said: ‘It’s important that we have now agreed with the US new arrangements that have closed the anomaly that led to the denial of justice in the heart-breaking case of Harry Dunn.

‘The new arrangements mean it could not happen again.

‘I know these changes won’t bring Harry back, and I appreciate the pain and suffering the family are still going through.

‘But I hope this may bring some small measure of comfort to them, because I know they want to prevent any other family going through the same ordeal they have.’

The announcement comes just days after Mr Raab warned there were ‘no measures’ the UK could realistically take that would force the US to extradite Sacoolas.

He said that while there had been a ‘denial of justice’ in Mr Dunn’s case, the UK was powerless in forcing the suspect to comply with the authorities.

The case was also discussed yesterday by Boris Johnson and US secretary of state Mike Pompeo, who visited London for talks with the Prime Minister.

A Downing Street spokeswoman said: ”The Prime Minister reiterated the need for justice to be done for Harry Dunn and his family. He said there was a strong feeling among the people of the UK that justice must be delivered.’