Harry Dunn Case Finally Has a Criminal Court Hearing, But Defendant Stays Out of the Jurisdiction

It was all of six minutes long and entirely administrative, with the only result being that the American defendant was ordered to appear at another court on October 27 where she will be charged. Exactly with what remains to be determined. The prosecutors want to charge her with dangerous driving - which carries a 14 year maximum - and the defendant's side wants to plead guilty to a lesser charge of careless driving.

Of course, the basic reality is that the defendant is agreeing to participate in this trial purely out of concern for the overall diplomatic relationship between our two countries, I assume. The UK High Court has already affirmed that she had immunity to the criminal jurisdiction of the UK, and that is an ironclad defense against even so much as having to give testimony, much less to ever returning to the UK.   

Far and away the best reporting on today's hearing was in this Daily Mail UK article. With all that dialog it seems like a practically verbatim transcript. 

Her lawyers indicated she would plead guilty to the lesser charge of death by careless driving, which carries the maximum of five years imprisonment, the court heard.

Sacoolas had diplomatic immunity asserted on her behalf by the US government following the collision outside RAF Croughton, and was able to leave the UK 19 days after the incident.

Wearing a blue suit jacket and a spotted scarf, she appeared next to her lawyer Amy Jeffress via video-link from the United States for the six-minute hearing.

Harry's parents Charlotte Charles and Tim Dunn, alongside Harry's twin brother Niall, arrived wearing either a green tie or a green scarf in memory of the teenager.

Sacoolas looked straight ahead throughout the hearing.

Asked to confirm her name she said: 'Hi, I'm Anne Elizabeth Sacoolas.'

She went on to confirm her date of birth as August 28, 1977.

Her barrister, Ben Cooper, KC, said: 'I just wish to confirm for the record there is no indication of plea in relation to the charge of death by dangerous driving.

'There will in due course be a guilty plea to the charge of death by careless driving.'

Prosecutors will have to decide whether that plea is acceptable to them or not, the court heard.

Prosecutor Duncan Atkinson, KC, said: 'She is charged with causing death by dangerous driving which is an indictable only offence and we therefore invite her case to be sent to the Crown Court.'

The offence of causing death by dangerous driving carries the maximum of 14 years.

Sending the case to the Old Bailey, chief magistrate Paul Goldspring told the defendant: 'I hope you followed most of that.

'The first thing I have to do is send your case to the crown court.

'I'm going to grant you unconditional bail in this case - that means there are no restrictions from the court on you.'

The chief magistrate told Sacoolas she would be required to appear in person at the Old Bailey.

He said: 'That may change because there will be a joint application to allow you to attend by video-link as you have today.

'Do you understand?'

Sacoolas replied: 'Yes.'

The Dunn family told the PA news agency they would not be commenting on the case until the conclusion of criminal proceedings.

Sacoolas, whose address was not provided to the court as the chief magistrate was content with her lawyer's address being provided instead, was granted unconditional bail to appear at the Old Bailey on October 27.

Note that the defendant has local British representation, and from a "formidable defence advocate" no less.

A "formidable defence advocate" who "is tireless in representing defendants." He is particularly experienced at handling US extradition requests and also highly capable of conducting extradition cases relating to complex human rights issues." One of the best senior juniors in extradition. He completely immerses himself in the case." "His dedication to the cause is impressive. He is very well known for high-profile American cases, which he does very well due to his extensive experience." - Chambers and Partners 2019

That phrase he's “one of the best senior juniors” has a little Monty Python-ish feel, doesn't it? Well, senior / junior or what have you, the Barrister will get even more well known for handling high-profile American cases after this one.

Lastly, there are the parents and family of the victim. They have shown an impressive message discipline the last several months, avoiding public events and media opportunities. They didn't even show up for the lame motorcycle protest at U.S. Embassy London on the third anniversary of their son's death. Their horrendous advisor has done all the media work lately, and that has amounted to little more than a few re-tweets. 

I can only read between the lines, but it seems that the family's demands for maximum criminal punishment have tied the hands of the Crown Prosecution Service until now, just as they seem to have screwed the pooch by rejecting an initial settlement offer and driving their first set of U.S. lawyers away in the civil suit that was finally settled one year ago this month. 

Now that the defendant has offered a guilty plea to the lesser offense of careless driving probably followed by some court-ordered community service in the USA, will the prosecutors allow the family's demand for emotional satisfaction to override their judgment as to what's achievable when you have a defendant who has diplomatic immunity and doesn't actually have to play along with any Crown court?

I give it only 50-50 odds that the CPS will accept that offer.