Harry Dunn’s parents to use 245-year-old law to sue diplomat’s wife accused of killing son in head-on crash
HARRY Dunn's parents are set to use a 245-year-old law to sue the US diplomat's wife accused of killing son in a head-on collision, their spokesman said today.
Anne Sacoolas was allegedly driving on the wrong side of the road when she hit 19-year-old Harry's motorbike outside RAF Croughton in Northamptonshire on August 27.
Harry's parents, Tim and Charlotte, are due to arrive in the US this week to meet with their lawyer and finalise arrangements for the civil suit against Sacoolas.
The civil suit will be submitted in a court in Virginia, where the American currently lives.
245-YEAR-OLD LAW
Agnieska Fryszman, the Dunns' lawyer in the US, told : "It's quite ironic that our civil suit is relying on ancient English common law on transitory tort.
";This establishes the right of individuals to take action anywhere regardless of where an incident might have taken place.
"This law was established in England and later upheld in the US. Ms Sacoolas left England for Virginia, which means we are entitled to sue her there."
The legal precedent dates back to a case from 1774 in which Anthony Fabrigas sued John Mostyn for offences committed in Minorca.
After the incident, police said Sacoolas co-operated with officers at the scene.
The following day, officers went to her home address where she gave them an account of what happened.
However, after being told she had diplomatic immunity from prosecution, Mrs Sacoolas, 42, left the UK on a US Air Force plane on September 15.
FIGHT FOR JUSTICE
Harry's parents, Charlotte Charles and Tim Dunn, are now planning to take legal action in the US.
Family spokesman Radd Seiger today confirmed they would be pursuing a civil claim against Mrs Sacoolas, as well as a case against the US government.
He told the Standard: "We are going to start legal proceedings in Washington: a civil claim for compensation — a personal injury claim, in other words — and action against the US administration for full disclosure to see if there is misconduct."
Yesterday Harry's parents announced they are taking the Foreign Office to court.
They claim the Foreign Office's decision to tell cops Mrs Sacoolas had diplomatic immunity was unlawful and want it overturned through a judicial review.
They also want the police watchdog to investigate Northamptonshire Police's handling of the inquiry into his death.
When Mrs Sacoolas had left the UK after the accident, Northamptonshire Police were told not to inform the family for two days so the Foreign and Commonwealth Office could "understand what the next steps were".
Nick Adderley, Chief Constable of Northamptonshire Police, said the family found out she had left (a week later) in an "unfortunate but legitimate way".
Police now plan to travel to the US to quiz the suspect.
Mrs Sacoolas has requested to be interviewed under caution by British officers in the US, the force said.
Mr Adderley said: "Lawyers have clearly stated she wants to be personally interviewed by Northamptonshire Police officers in the US in order for them to see her and the devastation this has also caused her and her family.
"She did not want to provide a pre-prepared statement, which is her right to do so."
He said that although Mrs Sacoolas had been breathalysed at the scene and given an initial account, this first account could not be treated in the same way as an interview under caution.
He said a file had been submitted to the Crown Prosecution Service but it was incomplete as it still requires a full account from the suspect.
To be extradited she would first need to be charged and the Foreign Office would make a request to the State Department, which could refuse.
Mr Seiger said Harry's family were unhappy with the progress of the investigation.
US VISIT
The Dunn family say they have been fed "one lie after another" by the British and US governments and Northamptonshire Police and have taken their fight for justice all the way to the White House.
During talks at the White House with Donald Trump, they were told Harry's alleged killer was in a nearby room and prepared to meet them.
They refused, insisting such an encounter take place in Britain.
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A Foreign Office spokesperson said: "We have done everything we can properly to clear a path so that justice can be done for Harry's family.
"As the foreign secretary set out in parliament, the individual involved had diplomatic immunity whilst in the country under the Vienna Convention on Diplomatic Relations.
"We will respond to any legal action in due course."
A Northamptonshire Police spokeswoman said: "We are happy to support the IOPC with any concerns raised by the family of Harry Dunn."
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