Lad killed by US wrong side driver, who's done a bunk...
Discussion
It looks to me that the only remaining avenue for the parents is the civil action in Virginia, if the Court in Virginia decides to let the claim proceed after the Defendant's application to dismiss the claim. I do not know what arguments are being deployed on that application.
In the judicial review in England last year, it was established that Sacoolas had the requisite immunity at the time of the incident. It is not evident that anything has changed as to that position.
It would theoretically be possible to sue for damages in England, serve the English claim on Sacoolas in Virginia, and proceed to a default judgment against her, but the judgment would probably not be enforced in the US.
In the judicial review in England last year, it was established that Sacoolas had the requisite immunity at the time of the incident. It is not evident that anything has changed as to that position.
It would theoretically be possible to sue for damages in England, serve the English claim on Sacoolas in Virginia, and proceed to a default judgment against her, but the judgment would probably not be enforced in the US.
996Type said:
If she worked for Intelligence as the article states, would it not raise questions regards her capabilities in the field if she didn’t even know which side of the road to be on in the country she was posted?
What an odd thing to say. Any human working in any field can make a stupid mistake.Also, whether Sacoolas is any good at whatever her job is has zero relevance to the incident and its aftermath.
PS: You know, I take it, that the word "Intelligence" in a military context is not a reference to how smart a person is.
Edited by anonymous-user on Thursday 4th February 08:48
Breadvan72 said:
996Type said:
If she worked for Intelligence as the article states, would it not raise questions regards her capabilities in the field if she didn’t even know which side of the road to be on in the country she was posted?
What an odd thing to say. Any human working in any field can make a stupid mistake.Also, whether Sacoolas is any good at whatever her job is has zero relevance to the incident and its aftermath.
PS: You know, I take it, that the word "Intelligence" in a military context is not a reference to how smart a person is.
Edited by Breadvan72 on Thursday 4th February 08:48
There would be extensive aptitude tests to progress and get to such postings. A posting to the U.K. would require a briefing regards local customs etc among many other things. If she is in such a role, ability to process this information for her safety and those around her would be part of the fabric of what she does.
Yes, I understand the meaning of the word intelligence in the context of the article thank and that was entirely my point.
If she was ignorant to such a fundamental fact (which side of the road to be on), it shows at least part of that brief (regards her job and her subsequent presence / safety here in the U.K. as a representative of the U.S.) has been ignored, forgotten or disregarded.
A stupid mistake is one thing, but she wasn’t a tourist straight off a plane driving the wrong way around the M25, again as the article states.
Especially as the consequence of this one stupid mistake (which would have been covered during the posting brief to prevent this very type of incident) has (a) killed someone and (b) raised the profile of her presence here. If that wouldn’t raise questions of capability regards aptitude for the particular role she allegedly held, I’m not sure what would.
996Type said:
I don’t think it’s an odd comment, no. And she wasn’t just any human working in any field as the article actually states, she was here in an intelligence capacity. Not sure spelling it out will help further.
There would be extensive aptitude tests to progress and get to such postings. A posting to the U.K. would require a briefing regards local customs etc among many other things. If she is in such a role, ability to process this information for her safety and those around her would be part of the fabric of what she does.
Yes, I understand the meaning of the word intelligence in the context of the article thank and that was entirely my point.
Are you sure about this?There would be extensive aptitude tests to progress and get to such postings. A posting to the U.K. would require a briefing regards local customs etc among many other things. If she is in such a role, ability to process this information for her safety and those around her would be part of the fabric of what she does.
Yes, I understand the meaning of the word intelligence in the context of the article thank and that was entirely my point.
What are the chances that a married couple with their own careers both manage to find overseas postings in the same location that are both relevant to their career path.
Out of the two of them, one of them was here to further their career, the other one took / was given a role to keep them happy.
It's a 50/50 chance that it was her.
I do not know the law of Virginia. In England, the cause of action would be based on the Fatal Accidents Act 1976.
There can be a claim for dependency - probably not applicable here as that claim can be made only by some dependents.
There can be a claim for bereavement - somewhat nominal compensation for grief.
There can also be a claim for funeral expenses.
There can be a claim for dependency - probably not applicable here as that claim can be made only by some dependents.
There can be a claim for bereavement - somewhat nominal compensation for grief.
There can also be a claim for funeral expenses.
996Type said:
Breadvan72 said:
996Type said:
If she worked for Intelligence as the article states, would it not raise questions regards her capabilities in the field if she didn’t even know which side of the road to be on in the country she was posted?
What an odd thing to say. Any human working in any field can make a stupid mistake.Also, whether Sacoolas is any good at whatever her job is has zero relevance to the incident and its aftermath.
PS: You know, I take it, that the word "Intelligence" in a military context is not a reference to how smart a person is.
Edited by Breadvan72 on Thursday 4th February 08:48
There would be extensive aptitude tests to progress and get to such postings. A posting to the U.K. would require a briefing regards local customs etc among many other things. If she is in such a role, ability to process this information for her safety and those around her would be part of the fabric of what she does.
Yes, I understand the meaning of the word intelligence in the context of the article thank and that was entirely my point.
If she was ignorant to such a fundamental fact (which side of the road to be on), it shows at least part of that brief (regards her job and her subsequent presence / safety here in the U.K. as a representative of the U.S.) has been ignored, forgotten or disregarded.
A stupid mistake is one thing, but she wasn’t a tourist straight off a plane driving the wrong way around the M25, again as the article states.
Especially as the consequence of this one stupid mistake (which would have been covered during the posting brief to prevent this very type of incident) has (a) killed someone and (b) raised the profile of her presence here. If that wouldn’t raise questions of capability regards aptitude for the particular role she allegedly held, I’m not sure what would.
I'm experienced in driving on the right hand side overseas, and was 14 days into a ski trip in Denver a few years back where I was designated driver of our group minivan. Every morning, same journey, take everyone to the slopes, return them back at the end of the day. Rinse and repeat. It was a trip without incident for the entire fortnight. However, on the last morning, instead of turning right out of the driveway of our rented chalet, I turned left for the airport. My 'at home' driving kicked in momentarily, and I drove up a main road in the US on the left side, albeit only for a few moments.
Fortunately for me there was a large truck bearing down on us in the distance, and I had 7 people in the back of the minivan who all simultaneously screamed 'WRONG SIDE!!!' so I was able to correct this mistake without incident. Fortunately I didn't have a young lad coming towards me on his motorbike on his correct side of the road, over the brow of a hill, with no visibility.
Had I caused an accident resulting in someone's death I would have expected to be appropriately dealt with by the US authorities.
Does this one momentary mistake make me any less qualified for my chosen profession? No it doesn't.
Hair-splitting of ridiculous proportions. Her day to day capability in her job is of no interest to the average British citizen, notwithstanding whatever dark arts she might have been involved in. The only thing that matters is her fleeing from the law of the land under the highly dubious auspices of diplomatic immunity.
It's a long time since I studied the law, but IIRC whenever there was any doubt as to the intention of the law you should ask what the proverbial man on the Clapham Omnibus would think? Would he expect Mrs Sacoolas to stand trial for Causing Death by Careless Driving in a UK court? Yes he would, and she should be dragged back here as soon as is practical. Would she go to prison? Most certainly not.
We all know that if the boot were on the other foot any British citizen would be facing a US court, it absolutely stinks.
Edited by PurpleTurtle on Thursday 4th February 14:10
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