Dunn family back virtual trial of alleged killer in British embassy
HARRY DUNN’S alleged killer could be tried on British soil by holding virtual proceedings in the British embassy in the United States, according to his family’s lawyer.
The family and Crown Prosecution Service lawyers are negotiating a “virtual” trial where Anne Sacoolas would remain in the US but would be tried under UK law via video link for causing the death of Dunn, 19, by her allegedly dangerous driving in August 2019.
Mark Stephens, the family’s lawyer, told The Daily Telegraph that one option was the “virtual” end of her trial to be held in a room in “a British embassy because that is UK territory that makes the whole process easier”.
Other options would be via video link from her home or her lawyer’s office, but critical to it going ahead would have to be her consent, which could remove the need for the US government to give its approval to a UK court effectively “sitting” on US territory.
“She can assent to UK jurisdiction,” said Mr Stephens, a specialist in international litigation at Howard Kennedy, the London law firm.
“One of the first questions would be: ‘You are appearing by Zoom or whatever, are you prepared to consent to the jurisdiction of this court?’ If she says no, we are back to square one.”
The Dunn family wants “real justice, not virtual justice,” according to CPS sources, which would mean a judge and jury passing judgment and sentence on her.
“It’s got to be a proper process where everyone engages with it and there is a verdict and consequences at the end,” said Mr Stephens.
Anna Bradshaw, a specialist in extradition law at Peters and Peters legal firm, said that if it could be agreed it would be “groundbreaking” and could set a precedent for the future of extradition with trials conducted remotely in the country holding the suspect.
“The main sticking point will be what is the governing law of the proceeding [British or American],” said Ms Bradshaw.
“If the US is making noises about that being their red line, then how on earth is it going to happen to the family’s satisfaction.”
In such circumstances the Dunns’ lawyers have two alternatives: a trial in her absence – though it would require Mrs Sacoolas to have the opportunity of legal representation – and a high court hearing in November where the family are challenging her claim to diplomatic immunity. If successful, it could lift the block to her extradition.
‘It’s got to be a proper process where everyone engages with it and there are consequences at the end’