A US servicewoman who allegedly killed a motorcyclist as she drove dwelling from work at a Suffolk army base was nonetheless on responsibility on the time of the crash, her lawyer has advised a court docket.
Father-of-one Matthew Day, 33, died of his accidents after a purple Honda Accord automobile collided with the Yamaha motorcycle he was using within the village of Southery, close to Downham Market, Norfolk, on 26 August.
Airman first-class Mikayla Hayes, 24, who relies at RAF Lakenheath in Suffolk, is charged with inflicting Mr Day’s demise by careless driving.
Deputy senior district decide Tan Ikram is contemplating the problem of jurisdiction within the case, amid arguments over whether or not she ought to be handled by a UK court docket or US army court docket.
The US Air Force (USAF) has served the Crown Prosecution Service (CPS) with a certificates below the 1952 Visiting Forces Act, which asserts jurisdiction.
It is known that, if granted, Hayes – who’s on bail – may face a US army court docket.
Prosecutor Rachel Scott described it as a “very significant concession for any sovereign state to make to surrender jurisdiction”.
Conflicting arguments
However, there have been conflicting arguments heard in court docket over whether or not she was on responsibility on the time – whether it is deemed she was not, she may face a UK court docket.
Ms Scott argued that it’s “contrary to common sense to suggest that she (Hayes) was on duty at the time of the accident”.
The prosecutor advised Westminster Magistrates’ Court the collision occurred after the defendant had completed for the day and whereas she was driving dwelling.
She stated the servicewoman, sat within the dock carrying a black swimsuit and gray shirt, was not on responsibility on the time, was not finishing a work-related process and was “entirely in control of her time”.
Rejecting this suggestion, Andrew Cogan advised the court docket his shopper had been in a army PT (bodily coaching) uniform on the time and was nonetheless on responsibility and below orders as she travelled dwelling.
He stated her housing, regardless of the tenancy being in her and her husband’s title and being off the bottom, is “part and parcel” of the bottom.
He stated: “She is required to live at a place other than RAF Lakenheath and travelling daily to her place of work is, in my submission, clearly indicative of it being a duty activity.”
Family in court docket
He acknowledged that it isn’t right to say she is on responsibility always – giving the instance of being on annual go away – however insisted she was on responsibility on the time of the crash.
Members of each the defendant’s and the deceased’s households had been in court docket on Friday.
Judge Ikram stated he’ll give a written ruling at a later date.
Source: information.sky.com”