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Diplomatic immunity?


Retsdon
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I suppose everyone has read about the tragic accident that killed a young lad on his motorbike near Northampton and how the driver of the car, an American diplomat's wife, left the country  under the protection of diplomatic immunity. It's reported today that the US has turned down a request from the UK to waive that immunity.

Any thoughts? For my own part, after reading the details of what happened, I'm probably with the Americans. 

A very sad story altogether though.

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3 minutes ago, guzzicat said:

Did not the U/S  twice try to have this revoked for a middle eastern diplomat?

I remember a drunk driving/ vehicular death case but it wasn’t prosecuted. But there you go.  Nobody is going to retaliate against the US but they still have to respect it.   The US would not retaliate against Britain but if your going to respect it for Russia you have to respect it for the US.  I don’t agree with Diplomatic Immunity but if two countries make a pack to honor it then you honor it.  

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16 minutes ago, figgy said:

If she has it she is within her rights to use it.

Like it or not it's just how it is. Feel for the family and you'd think the diplomatic service for USA would talk to her and get to crux of what happened.

unfortunatly this...............

if it was truly an accident.........she should wiave her immunity....and face the court here....but for reasons known only to herself she has decieded not to.....

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Diplomatic immunity may be waived by the country of origin of the diplomat in the case of a serious crime unconnected with diplomatic duties.  Individuals cannot waive their own immunity.

This has happened before in cases such as manslaughter, so it would be entirely possible for the US to act to ensure this criminal will be prosecuted.  But it won't.

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5 hours ago, Retsdon said:

I suppose everyone has read about the tragic accident that killed a young lad on his motorbike near Northampton and how the driver of the car, an American diplomat's wife, left the country  under the protection of diplomatic immunity. It's reported today that the US has turned down a request from the UK to waive that immunity.

Any thoughts? For my own part, after reading the details of what happened, I'm probably with the Americans. 

A very sad story altogether though.

Its "The Special Relationship" at its best, its a one way street

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1 minute ago, Scully said:

Not sure I could sleep well or face myself in the mirror knowing I’d effectively ‘done a runner’. She is going to have to struggle with this for the rest of her time. Hopefully she’ll see sense and return of her own free will. 

I am afraid you are assuming she has the same honour/honesty ethic as yourself, I bet this will just fade away & she will  forget/ be forgotten.

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Well the old saying that “nobody is above the law” is a myth after all! Perhaps Boris could grant himself diplomatic immunity and stick two fingers up to our remainer Parliament, and the UK could leave the EU as planned on 31st October........without fear of being chucked in the slammer? 😁

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She may have returned to the US under 'advice', not necessarily her choice. Could very well be that her lawyers looked at the case, decided that it all looked a bit dicey and she was likely to end up in court/the slammer which would be a bad look and told her that she should leave..... 

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1 hour ago, Zapp said:

Diplomatic immunity may be waived by the country of origin of the diplomat in the case of a serious crime unconnected with diplomatic duties.  Individuals cannot waive their own immunity.

This has happened before in cases such as manslaughter, so it would be entirely possible for the US to act to ensure this criminal will be prosecuted.  But it won't.

I think you're being a bit hard calling her  'criminal'. As someone who has more than once made the same mistake that she did, I can envisage what happened as if I'd been there. She'd been in the country a month or two. She came out of the gates of the air base onto an empty road, and not having 100 percent adapted to driving on a different side of the road, she inadvertently turned onto the wrong carriageway.  If there are no other cars in sight to remind you to drive on the 'wrong' side it's a very easy thing to do, and I've both done it myself several times, and also more than once been a passenger when other people have done it. She had her 12 year old son in the car with her and if they were talking or whatever... But this time, instead of it being an 'oops!!' moment, she ended up taking out an oncoming motorcyclist.

I feel very sorry for everyone involved. I think that initially she probably had no intention of leaving. She admitted her fault to interviewing officers, and assured them that she had no plans to go anywhere. But then I suspect that the US Embassy people persuaded her that it would be better for her and her family to just go. Perhaps they felt that as she had no criminal intent -  but was rather the accidental participant in an unfortunate set of circumstances - it was their job to look after her (as family of an American diplomat) and save her further distress.

Of course, that is cold comfort for the family of the unfortunate motorcyclist but I can see where they're coming from.

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6 minutes ago, Retsdon said:

 

I think you're being a bit hard calling her  'criminal'. As someone who has more than once made the same mistake that she did, I can envisage what happened as if I'd been there. She'd been in the country a month or two. She came out of the gates of the air base onto an empty road, and not having 100 percent adapted to driving on a different side of the road, she inadvertently turned onto the wrong carriageway.  If there are no other cars in sight to remind you to drive on the 'wrong' side it's a very easy thing to do, and I've both done it myself several times, and also more than once been a passenger when other people have done it. She had her 12 year old son in the car with her and if they were talking or whatever... But this time, instead of it being an 'oops!!' moment, she ended up taking out an oncoming motorcyclist.

I feel very sorry for everyone involved. I think that initially she probably had no intention of leaving. She admitted her fault to interviewing officers, and assured them that she had no plans to go anywhere. But then I suspect that the US Embassy people persuaded her that it would be better for her and her family to just go. Perhaps they felt that as she had no criminal intent -  but was rather the accidental participant in an unfortunate set of circumstances - it was their job to look after her (as family of an American diplomat) and save her further distress.

Of course, that is cold comfort for the family of the unfortunate motorcyclist but I can see where they're coming from.

I agree with this 100%

38 minutes ago, Scully said:

It certainly looks that way. Perhaps she was influenced by her husband. Hopefully her conscience will get the better of her. 

I understand where your coming from.  But if I made a mistake and the law couldn’t touch me I wouldn’t voluntarily go to jail.  It wouldn’t bring the kid back.  

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