Harry Dunn's killer's diplomatic immunity was 'illogical', according to senior Government civil servant

The 'recondite' law which granted diplomatic immunity to the American woman accused of killing Harry Dunn was described as 'illogical' by a senior Government civil servant.

Head of the diplomatic service, Sir Simon McDonald, was questioned over the Northamptonshire scandal by the foreign affairs select committee on Tuesday (April 21).

The permanent under-secretary at the Foreign and Commonwealth Office said the British and US interpretations of immunity for spouses at RAF Croughton, like Anne Sacoolas, initially differed before an agreement was made.

"Because this was a very recondite bit of law, this was a conversation between lawyers in Washington and London," he said.

"The legal conclusion of that was yes, although it was apparently illogical, immunity applied to Mrs Sacoolas.

"Because immunity applied, immunity would have to be raised in order for her to be prosecuted in the United Kingdom."

Harry, 19, died after his motorcycle was involved in a collision with Sacoolas' Volvo, which she has admitted was on the wrong side of the road, near Croughton on August 27, 2019.

She initially co-operated with police but then told officers she had diplomatic immunity before flying back to the United States a few weeks later.

But Harry's family, who have been campaigning for Sacoolas to return and for an inquiry into the affair, argue she had no right to diplomatic immunity.

Sir Simon said the issue was the lack of clarity in the diplomatic agreement around the CIA presence at RAF Croughton, known as the Croughton annex.

"In the case of Harry Dunn, the controversy was over an agreement made at the end of the last century about continuing immunities about US diplomats posted to the Croughton annex," he said.

"In that agreement, the American authorities gave a pre-waiver for accredited diplomats so that was the formal position.

"But that agreement was silent on the rights of their dependents and that has been the origin of a lot of the dispute but our legal advice is that when an agreement is silent on something then what pertained before still applies i.e. immunity."

Sir Simon confirmed the Foreign Office then recognised the fact Sacoolas had immunity after the discussion with the American authorities but did not grant it themselves, nor did Northamptonshire Police.

The Mail on Sunday claimed ministers were warned that Sacoolas only had ambiguous rights to diplomatic immunity two days after the tragic crash.

In response, Harry's family's spokesman, Radd Seiger, tweeted: "Harry Dunn's parents lost their beautiful son tragically.

"As If that were not bad enough, they appear to have been very badly let down and mistreated by the authorities.

"I now call on both the Foreign Office and Northamptonshire Police to come clean once and for all and to help bring this needless additional suffering to an end.

"Do the right thing for this family who deserved better.

"There will need to be a full enquiry/investigation and anyone guilty of misconduct in public office will have to be held to account to the full extent permissible in law."