US airwoman bailed over death of biker on Norfolk road

Mikayla Hayes, 23, of Snowdrop Grove, Downham Market, has been charged with causing death by careless driving following the death of 33-year-old motorcyclist Matthew Day.

Mr Day died on Friday, August 26, following a crash on the B1160 Lynn Road in Southery, near Downham Market.

Mikayla Hayes leaves Westminster Magistrates' Court, London, after she was bailed on charges of causing death by careless driving on the A10 at Southery (Image: PA Wire/PA Images)

Hayes, an airman first class who serves at RAF Lakenheath, appeared at Westminster Magistrates Court on Wednesday, having previously appeared at Norwich Magistrates Court on Monday.

During a short hearing, Hayes spoke only to confirm her date of birth and address.

Flowers were left at the side of the A10 at Southery in Norfolk after a collision which resulted in the death of motorbike rider Matthew Day on August 26, 2022 (Image: PA Wire/PA Images)

The court heard that United States authorities had made a submission arguing it had jurisdiction over the case.

However, a point of contention remained over whether Hayes was carrying out her duties at the time of the crash.

A further court hearing was scheduled for November 11, during which arguments will be made by the Crown Prosecution Service and US authorities over which has jurisdiction to deal with the case.

Deputy chief magistrate Tan Ikram granted Hayes bail until this date.

Hayes' passport was seized following her arrest and as part of her bail conditions, it was retained by the court.

Conditions also stated that the servicewoman is not permitted to leave England or Wales ahead of the next court date, that she is not permitted to stay anywhere other than her address in Downham Market and that she must report to King's Lynn police station every Saturday.

Section 11 of the Vesting Forces Act 1952 states that the UK courts do not have primary jurisdiction when "the offence arose out of and in the course of the service person's duties as a member of the visiting force".

Under this section, the visiting force is able to issue a certificate to take on jurisdiction over the case.

The case comes three years on from the death of British 19-year-old Harry Dunn, who was involved in a Northamptonshire crash with Anne Sacoolas, the wife of US diplomat Jonathan Sacoolas.

It proved to be a high profile issue which caused diplomatic tension between UK and US officials.

RAF Lakenheath, near Thetford, is to perform a flypast for the lost airmen who crashed in Sheffield 75 years ago. Picture: Emma Sword/PA Wire

The crash involving Hayes happened in the South West Norfolk constituency of foreign secretary Liz Truss, who is widely expected to become prime minister on Monday.

Assertion of jurisdiction

Prosecutor Caroline Gardner said the US Air Force (USAF) has served the Crown Prosecution Service with a certificate under the 1952 Visiting Forces Act, which asserts jurisdiction.

It is understood that, if granted, Hayes could face a US military court.

But the prosecution will argue that she was not on duty or acting in the course of her duty at the time of the incident, which is said to have taken place as she was driving home from the base.

Major Keavy Rake, the USAF chief of public affairs at RAF Lakenheath, said: “RAF Lakenheath is aware of the fatality resulting from a vehicular accident involving a US service member.

“We express our deepest, most sincere condolences to the family of the deceased.

“We are and will remain in full co-operation with the Norfolk authorities during the investigation.”