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The Independent

US servicewoman charged over motorcyclist’s demise to be tried in UK

A choose has dominated {that a} US servicewoman accused of killing a motorcyclist by careless driving could be tried within the UK.

Father-of-one Matthew Day, 33, died of his accidents after a pink Honda Accord collided with the Yamaha motorcycle he was driving on the A10 in Southery, close to Downham Market, Norfolk, on August 26.

Deputy senior district choose Tan Ikram dominated at Westminster Magistrates’ Court docket that the motorist, 24-year-old Mikayla Hayes, shall be tried within the UK courts for allegedly inflicting demise by careless driving.

Decide Ikram had been contemplating whether or not to grant Hayes, an Airman First Class, a trial in a US navy court docket as she had requested, or to permit the UK courts to cope with her case as argued by prosecutors.

Barrister Andrew Cogan had stated his shopper ought to be tried within the US as a result of the collision occurred whereas she was on responsibility.

He argued that this was the case as a result of Hayes had been carrying uniform as she made the 30-minute journey from RAF Lakenheath in Suffolk to her house lodging, which is paid for by her employer.

The US Air Force (USAF) had served the Crown Prosecution Service (CPS) with a certificates beneath the 1952 Visiting Forces Act, which asserts jurisdiction.

Decide Ikram overruled this argument on Wednesday, as an alternative agreeing with prosecutor Rachel Scott, who stated that Hayes was now not on responsibility whereas driving house.

He stated: “The contents of the US Air Drive certificates is rebutted.

“This court docket should now transfer on to the subsequent stage of proceedings.”

Outlining his determination, the choose stated: “There isn’t any further cost for the journey house.

“There isn’t any proof the gasoline for her journey was paid for by the US Air Drive. She paid for the gasoline herself.

“Whereas I notice that her lodging was paid for by the US Air Drive, I don’t discover {that a} issue as as to if she was on responsibility.

“She was merely travelling house after a day at work.

“The prosecution has persuaded me that this falls throughout the bounds of a traditional case.

“When you think about all of the circumstances, the actual journey and the collision after didn’t come up out of or in the middle of responsibility.”

Hayes elected to be tried by a jury at Crown Court and entered a not responsible plea following the ruling.

She’s going to subsequent seem at Norwich Crown Court on December 21.

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