Matthew Day death: Dispute over whether US airman on duty at crash site

Motorcyclist Matthew Day died after a crash with a car in the village of Southery, Norfolk

English prosecutors and the lawyer of a US servicewoman have been disputing whether or not she was on duty at the time she allegedly killed a motorcyclist on her way home from work.

Mikayla Hayes, 24, who is based at RAF Lakenheath, is charged with causing the death of Matthew Day, 33, by careless driving in Southery, Norfolk.

A judge is considering whether the case should be dealt with by a UK court or a US military court.

His ruling will happen on 23 November.

Mr Day died of his injuries after a car collided with his bike in the west Norfolk village on 26 August.

Airman first class Ms Hayes, who is stationed at a US military base in Suffolk, was charged following the crash.

Deputy senior district judge Tan Ikram, sitting at Westminster Magistrates' Court, is considering the case after the US Air Force (USAF) served the Crown Prosecution Service (CPS) with a certificate under the 1952 Visiting Forces Act, which asserts jurisdiction.

It is understood that, if granted, Ms Hayes - who is on bail - could face a US military court.

'Contrary to common sense'

Prosecutor Rachel Scott described it as a "very significant concession for any sovereign state to make to surrender jurisdiction".

The collision occurred after the defendant had finished for the day and while she was driving home, Ms Scott told the court.

Flowers were left at the scene of the crash following Matthew Day's death

She said the servicewoman was not on duty at the time, was not completing a work-related task and was "entirely in control of her time".

Ms Scott argued that it was "contrary to common sense to suggest that she [Ms Hayes] was on duty at the time of the accident".

Andrew Cogan, representing Ms Hayes, told the court the defendant had been in a military uniform at the time and was still on duty and under orders as she travelled home.

He said her housing, despite the tenancy being in her and her husband's name and off the base, was "part and parcel" of the base.

Being dismissed from work that day "necessarily imports the fact that she was on duty", he said, and therefore under orders to go home.

Judge Ikram said he would give a written ruling later this month.