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

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Harry Dunn’s parents said the closing of a loophole which allowed their son’s suspected killer to claim diplomatic immunity is a ‘huge step forward’.

Officials today announced plans to fix the ‘anomaly’ which gave relatives of staff at RAF Croughton immunity. 

Harry died near the US base in Northamptonshire after his motorbike crashed into a Volvo being driven on the wrong side of the road by Anne Sacoolas – an American diplomat’s wife – who fled across the Atlantic and has not returned.

Following the announcement, Harry’s mother Charlotte Charles said it was a ‘huge step forward’ – adding that one of the family’s aims was for this to ‘never happen to another family again’.

She said: ‘We’re really pleased, really proud of what us parents have achieved.

‘One of our campaign’s aims was to ensure that no other family can suffer the way we have.

‘Harry most importantly would be very proud of us but we’ve still got a long way to go – we’ve still got to get Anne Sacoolas back.’

Every other US base in the UK has been covered by a Status of Forces agreement, which means military personnel and their family can face criminal prosecution.

But a secret pact made in 1995, and updated six years later, gave immunity to relatives of administrative and technical staff at Croughton and the workers themselves when on duty.

Today’s announcement, however, means all US workers employed there, as well as their families, can now be prosecuted, bringing it in line with other bases.

But the changes will not be retrospective, according to Northamptonshire Police. 

The changes come too late for the grieving family of Mr Dunn.

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.’

Radd Seiger, a spokesman for the Dunn family told Mail Online: ‘The parents are thrilled and overjoyed with the huge development that they have closed this ridiculous loophole at RAF Croughton that allowed spouses of diplomats to kill our children and walk away with impunity.

‘We have to give credit to the Foreign Secretary and his team for negotiating this agreement. We also owe huge debt of gratitude to the parents for bringing this campaign and the judiciary review. Without those they would not have secured the release of the secret agreements relating to RAF Croughton.

‘Harry’s parents in their deepest darkest hour in the last few months have given their lives to campaigning for the welfare of other families so that it does not happen again.

‘Extraordinary the Americans are still refusing to send Anne Sacoolas back and imagine how outrageous that is having reached this agreement in July and then rely on a loophole when Harry died is not behaving in accordance with international order or norms.

‘In our meeting with Mr Raab today we have called on him to make it absolutely clear to the Americans that she must come back and if they do not there will be consequences. We could suspend the extradition treaty with the US or suspend expansion of their bases here.’

In a statement, Northamptonshire Police said: ‘Northamptonshire Police has today been advised by the Foreign and Commonwealth Office that they have reached an agreement with the US government to restrict the immunity from criminal jurisdiction of embassy staff, officers and family members at RAF Croughton.

‘While we understand these changes will not be retrospective, Northamptonshire Police welcomes these changes.

‘Northamptonshire Police remains committed to working with colleagues in the Crown Prosecution Service to ensure Anne Sacoolas is returned from the US to allow criminal proceedings to go ahead here in the UK.’

Meanwhile, the US State Department described the amendment of the diplomatic immunity arrangements at RAF Croughton as ‘a reflection of our especially close relationship’ with the UK.

A spokesman said: ‘Under the arrangement, the United States has extended pre-emptive, limited waivers of certain diplomatic immunities pertaining to the staff of the Embassy office in Croughton and their family members for acts performed outside the course of official duties that occur on or after July 20, 2020.

‘This arrangement is a reflection of our especially close relationship with the government of the United Kingdom.’

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.

Her lawyer has said that she will not return voluntarily to potentially face jail for ‘a terrible but unintentional accident’. 

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.

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.’