Harry Dunn Update: Virtual Court Appearance? Not So Fast.

PA: US citizen Anne Sacoolas, 44, will face Westminster Magistrates’ Court on January 18 charged with causing 19-year-old Harry Dunn’s death by dangerous driving, the Crown Prosecution Service said.

— Harry Cole (@MrHarryCole) December 13, 2021

That breathless tweet by PA Media two days ago was repeated, word for word, by every single UK news outlet I checked with the sole exception of the BBC, which waited until there had been a public comment by the American driver's lawyers that refuted the notion she will appear in court ("While we have always been willing to discuss a virtual hearing, there is no agreement at this time"). 

PA Media's post was self-refuting, anyway. First, CPS had not said anything about this in any public forum; if "the Crown Prosecution Service said" any such thing to PA Media, it must have been anonymously. Second, the driver had immunity from the criminal jurisdiction of the UK, and could not appear in court to answer charges without a waiver of that immunity approved by the Secretary of State. Therefore, the CPS can't force the driver to return to the UK, and CPS itself has already said that UK law does not permit virtual court appearances by parties who are not physically in the UK and subject to a court's jurisdiction. 

So what is the CPS playing at? One possibility is that the American driver may be negotiating a plea deal that could involve a reduction in charges and a minimal penalty which could be served in the U.S. That would make sense, especially coming on the heels of the settlement of the civil case. If that's so, then the negotiations are going on still, since evidently no such appearance has been agreed to yet. 

One other tea leaf to read here has to do with the venue for that 'CPS said' court appearance. First, why would it be set for the Westminster Magistrates' Court, which is in London, rather than in the West Midlands where the fatal traffic accident occurred? 

Well, according to Wikipedia, extradition matters are handled by the Westminster Court, and that might explain it. For another thing, I think a Magistrate's court is not one where a trial in absentia could occur, although it is one where CPS might seek a reduction in charges and any other changes that are necessitated by that sticky wicket of unwaived diplomatic immunity. 

If the Dunn family's spokesman and all-around Svengali were at all prudent and well-intended, he would hold off on doing any media victory laps until we know what's going on. But he is neither of those things, so he continues to encourage the family's false hopes. Still, if he is half the con man I think he is, he should be able to conjure up an image of "justice" that is scaled down to the paltry reality which is coming to them.