Servicewoman, 23, could face military court in US over death of motorcyclist, 33, in Norfolk crash

Mikayla Hayes, 23, leaves Westminster Magistrates’ Court after she was bailed on charges of death by careless driving

An American servicewoman based at an English airbase could face a military court in the US over the death of a motorcyclist following a car crash, a court has heard.

Airman first class Mikayla Hayes, 23, who is based at RAF Lakenheath in Suffolk, was charged with causing the death of Matthew Day, 33, by careless driving following a crash in Norfolk.

She was released on conditional bail today after appearing at Westminster Magistrates’ Court but the US Air Force has asserted jurisdiction in the prosecution.

Mr Day died of his injuries after a red Honda Accord car collided with the Yamaha motorbike he was riding in the village of Southery, near Downham Market, last Friday, August 26.

The incident happened in the constituency of Foreign Secretary and Conservative leadership candidate and Foreign Secretary Liz Truss.

Hayes, wearing red trousers and a white jumper, spoke only to confirm her name, date of birth and address as she appeared in the dock to face a single charge of causing death by careless driving.

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.

The case bears similarities to Harry Dunn, a teenage motorcyclist who was killed in a crash outside US military base RAF Croughton in Northamptonshire. Chief suspect Anne Sacoolas fled to the USA and claimed diplomatic immunity as the wife of a US diplomat.

Airman first class Mikayla Hayes (illustrated in court left) who is based at RAF Lakenheath in Suffolk, was charged with causing the death of Matthew Day, 33, by careless driving following a crash in Norfolk last Friday, August 26

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

Mr Day died of his injuries after a red Honda Accord car collided with the Yamaha motorbike he was riding in the village of Southery, near Downham Market in Norfolk

Flowers were left at the side of the A10 at Southery in Norfolk after the collision which preceded the death of motorbike rider Matthew Day

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.

Deputy Chief Magistrate Tan Ikram adjourned the case to November 11 for legal argument over the issue.

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.’

Norfolk Police said officers were called to the B1160 Lynn Road at its junction with Ferry Bank shortly after 4pm last Friday to a collision involving a red Yamaha motorbike and a red Honda Accord.

Hayes’ passport is to be retained by the US Air Force, she is not allowed to apply for any documents for international travel, and she cannot leave England and Wales.

Hayes was released on conditional bail today after appearing at Westminster Magistrates’ Court (pictured) but the US Air Force has asserted jurisdiction in the prosecution

Hayes was arrested, charged and remanded in custody following a hearing at Norfolk Magistrates’ Court last week.

But she was granted bail by Mr Ikram on Wednesday with conditions of residence at her home in Downham Market and attendance at King’s Lynn police station every Saturday.

Hayes’ passport is to be retained by the US Air Force, she is not allowed to apply for any documents for international travel, and she cannot leave England and Wales.

The Home Office said it could not comment on ongoing legal proceedings.