Harry Dunn

[Shadz69]

It's all so very grubby in the extreme. I wonder if it will go the way of a scabby wound, each time, pick at it and a drop of blood eventually pick at it enough and it bleeds.

 

[Southern]

 

[ganganvince]

With all the stuff going on with Prince Andrew at the moment and the American courts and UK courts Co operating on the serving of papers does it not work the other way?

 

[Mr Kobayashi]

With all the stuff going on with Prince Andrew at the moment and the American courts and UK courts Co operating on the serving of papers does it not work the other way?

No because it isn't about serving papers as it is a criminal trial and in order for it to take place you need the defendant present, the Americans will always refuse the extradition request because of the claim of diplomatic immunity.

 

[Mad Eyed Screamer]

No because it isn't about serving papers as it is a criminal trial and in order for it to take place you need the defendant present, the Americans will always refuse the extradition request because of the claim of diplomatic immunity.

Don't the royals have diplomatic immunity?

I always thought diplomatic immunity was travelling to another country and not having your bags searched at the airport etc..... not killing someone in a car crash and being able to get away with it

 

[Mr Kobayashi]

Don't the royals have diplomatic immunity?

I always thought diplomatic immunity was travelling to another country and not having your bags searched at the airport etc..... not killing someone in a car crash and being able to get away with it

Slightly different.

Sovereign immunity - Wikipedia

en.m.wikipedia.org

Not clear that it applies to Andrew or royals other than the monarch, other than stipulations about in sovereign's presence and at royal palaces, probably explains his silly bollocks about being properly served with court papers.

------------------------------------------------------------

No it applies to all crimes committed even outside of their duties.

Otherwise a hostile state could detain foreign diplomats on fabricated charges and not breach the Vienna convention.

The foreign country always has the option to waive diplomatic immunity though, which has been done in the past when diplomatic staff used their cover to commit criminal enterprises. As I understand the USA rarely does this even in these cases. And according to an article in The Times the last known case was in 1940 for an American who sent copies of UK-US communications to Nazi Germany.

On a similar issue, the USA doesn't even recognise the ICC so can't see any circumstance where they decide to waive diplomatic immunity unless Sacoolas actively petitions her own government and surrenders to prosecution.

 

[ganganvince]

No because it isn't about serving papers as it is a criminal trial and in order for it to take place you need the defendant present, the Americans will always refuse the extradition request because of the claim of diplomatic immunity.

Harry's parents were looking at civil action. Although still criminal rather than compensation.

Harry Dunn family to consider private prosecution of Anne Sacoolas

The family of crash victim Harry Dunn are considering a private criminal prosecution against an American diplomat's wife suspected of being responsible

www.standard.co.uk

 

[denislawsbackheel]

In London it says.
They won’t get her over here in that case.
Yanks have made it clear.
Seems pointless.

 

[Mr Kobayashi]

Harry's parents were looking at civil action. Although still criminal rather than compensation.

Harry Dunn family to consider private prosecution of Anne Sacoolas

The family of crash victim Harry Dunn are considering a private criminal prosecution against an American diplomat's wife suspected of being responsible

www.standard.co.uk

Sorry you are confusing things. That's not civil action. That is a private prosecution, it's open to anybody providing you meet evidence threshold and don't fall foul of other exclusions, this is the mechanism that the RSPCA (ab)use to prosecute people for animal neglect.

It’s a non starter though because it doesn't solve the issue of getting the USA to grant an extradition request.

Even if it got to the stage where you had a court order forcing UK authorities to request it from USA counterparts, the USA can and would just tell them to fuck off.

It’s very harsh, I agree with you that AS (I have complete sympathy with Dunn family and none with AS) should come back and face the music. But it isn't going to happen.

 

[ganganvince]

Sorry you are confusing things. That's not civil action. That is a private prosecution, it's open to anybody providing you meet evidence threshold and don't fall foul of other exclusions, this is the mechanism that the RSPCA (ab)use to prosecute people for animal neglect.

It’s a non starter though because it doesn't solve the issue of getting the USA to grant an extradition request.

Even if it got to the stage where you had a court order forcing UK authorities to request it from USA counterparts, the USA can and would just tell them to fuck off.

It’s very harsh, I agree with you that AS (I have complete sympathy with Dunn family and none with AS) should come back and face the music. But it isn't going to happen.

And as if by magic (QUOTE from Mr Ben)

Harry Dunn's parents reach 'resolution' with teenager's alleged killer in damages claim

US suspect Anne Sacoolas, who is charged with causing the 19-year-old's death by dangerous driving, was due to give evidence under oath last month as part of the damages claim until a last minute postponement.

news.sky.com