USAF tries to claim legal jurisdiction in relation to off base death of civilian (Putin, accuse)

[Brave New World]

Whilst the Harry Dunn case is yet to be resolved after three years, another motorcyclist has died, sue to the careless driving of a USAF Service woman in England.

This time the USAF has served the Crown Prosecution Service (CPS) with a certificate under the 1952 Visiting Forces Act, which asserts jurisdiction when an incident happens while a foreign service member is in the course of, or on, duty.

The USAF is trying to claim that Mikayla Hayes who was driving home in her red Honda Accord car when she hit the motorcyclist was on duty, and therefore US Military Courts have jurisdiction.

The Crown Prosecution Service (CPS) is disputing this and the crash occurred some twelve and a half miles away from the US base at Lakenheath.

US Air Force asserts jurisdiction in case of worker accused over biker's death in Norfolk - Sky News (31st August 2022)

US Air Force employee in court after biker killed in Norfolk - BBC News (31st August 2022)

Mikayla Hayes: US Air Force servicewoman from RAF Lakenheath charged with killing biker in Norfolk - ITV News (31st August 2022)

[Oldhag1]

My guess is she was fatigued and accidentally drove on the wrong side of the road. Unfortunately that happens in the countries that drive on the opposite side of the road than the rest of the world where we also have military bases and personnel. What people not associated with US military bases or living near them don’t realize is we have had service members from those countries serving in the United States as exchange troops or their families who have been pulled over for reckless driving or were involved in non-fatal accidents for the exact same reason. The difference is we do not have whole bases of service members from those countries in our nation, just limited to a few at select bases, so the occurrence is not as frequent, and to my knowledge, fortunately so far not deadly. But, you do occasionally read about tourists from Great Britain or Australia who have been involved in deadly accidents as a result of driving on the wrong side of the road here.

The problem with these instances is that the American service members involved in them are treated like they have been wantonly recklessly driving on the wrong side of the road when in fact it was a genuine accident. They have been given unusually harsh sentences in most cases, and is why they try to get the cases returned to US military jurisdiction.

[Brave New World]

Originally Posted by Oldhag1

My guess is she was fatigued and accidentally drove on the wrong side of the road. Unfortunately that happens in the countries that drive on the opposite side of the road than the rest of the world where we also have military bases and personnel. What people not associated with US military bases or living near them don’t realize is we have had service members from those countries serving in the United States as exchange troops or their families who have been pulled over for reckless driving or were involved in non-fatal accidents for the exact same reason. The difference is we do not have whole bases of service members from those countries in our nation, just limited to a few at select bases, so the occurrence is not as frequent, and to my knowledge, fortunately so far not deadly. But, you do occasionally read about tourist from great Britain or Australia who have been involved in deadly accidents as a result of driving on the wrong side of the road here.

The problem with these instances is that the American service members involved in them are treated like they have been wantonly recklessly driving on the wrong side of the road when in fact it was a genuine accident. They have been given unusually harsh sentences in most cases.

The British courts are usually sympathetic in such circumstances, and it is seen as a mitigating circumstance.

What I don't understand is why the USAF, have tried to state that this their legal jurisdiction, when other cases of deaths involving British civilians have been dealt with by British courts.

The Harry Dunn case was bad enough, when the US authorities claimed immunity, however this also seems strange, as when it comes to British property and British citizens, British courts usually have jurisdiction in terms of off base motoring offences.

In terms of the US Military Courts, the punishment may actually be far harsher, but that's not really the point, and it's important that cases involving British citizens or their property are dealt with in British courts, as directed by the Visiting Forces Act 1952.