THE co-pilot of an RAF helicopter which crashed in North Yorkshire, killing three people, is being prosecuted for dangerous flying, even though he was not at the controls.

Flight Lieutenant Robert Hamilton, who broke his back when the Puma helicopter crashed near Catterick Garrison, in August 2007, could face life imprisonment if found guilty.

The aircraft was carrying young soldiers on a training flight.

Flight Lieutenant David Sale, 28, from Norton, near Stockton, died in the incident, along with Sergeant Philip Burfoot, 27, and 17-year-old Army trainee Private Sean Tait.

Police investigated the crash but the Crown Prosecution Service decided there was not enough evidence to charge the co-pilot, or the Army officer who had put the soldiers on the flight, for manslaughter due to gross negligence.

However, senior defence officials have decided to charge Mr Hamilton with dangerous flying.

If convicted by a court martial of flying an aircraft "intentionally, without lawful excuse or recklessly", which results in injury or loss of life, he could face a life sentence.

He will appear in court at the military court centre in Burford, Wiltshire, in March.

His solicitor, Chris Hill, has said he will deny the allegations, and does not accept responsibility for the incident.

An inquest in 2009 concluded the helicopter crashed because the pilot was attempting manoeuvres beyond his capabilities. The hearing was told how a taxi driver had been buzzed by the Puma as it flew just feet above his vehicle, as well as other witness reports of erratic flying.