Robert Hamilton given a suspended sentence for his role in a 2007 helicopter crash that killed three servicemen
The co-pilot of an RAF helicopter that crashed during a "jolly", killing the pilot and two others, has avoided jail.
Robert Hamilton, 29, who was left paraplegic by the incident, was on board the £20m Puma when it crashed in a field at Catterick garrison, North Yorkshire, on 8 August 2007. The pilot, Flight Lieutenant David Sale, 28, from Norton, Teesside, died along with crewman Sergeant Phillip Burfoot, 27, from Cardiff, and 17-year-old army recruit Private Sean Tait, from Glasgow, who was serving with the Royal Regiment of Scotland.
At an earlier court-martial, Hamilton pleaded guilty to neglect in flying likely to cause loss of life or bodily injury. A further charge of wilful neglect was left on file. He was sentenced to 16 months' imprisonment, suspended for two years.
Twelve servicemen were on board the aircraft, which was on a trooping exercise, including three from the RAF and nine soldiers.
During the hearing, the judge and five-man RAF panel who decided Hamilton's sentence heard extracts from the two-hour cockpit voice recording, during which Johnny Cash could be heard singing Ring of Fire over the Puma's speaker system. The crew were heard laughing and joking minutes before the crash.
A voice could be heard saying "shit, shit, shit" and an onboard computer was heard to say "low height" on a number of occasions. Other voices could be heard saying, "Fucking mental" and "Let's go, boys, let's fucking go."
During one part of the flight, as the helicopter flew low over the ground scaring troops, people on board could be heard making machine-gun noises. Another voice said, "Permission to say that was a bit low."
Hours earlier there had been another near-miss when the Puma almost hit the ground and all on board had agreed not to report it, the court-martial heard.
Days earlier, Hamilton had also had three of his own near misses in helicopters near Salisbury.
Dr Michael Powers QC, prosecuting, told the court-martial that the recording was indicative of "totally unprofessional behaviour" from the helicopter's crew.
"During that period the common sense, professionalism and self awareness seems to have broken down," he said.
Dr Powers quoted from an expert who had examined the audio transcripts of the flight. "It can only be described as 40 seconds of complete and sudden madness. They show no regard of their own mortality."
Powers said the helicopter had also performed a dangerous manoeuvre known as a "bunt" – a descent at speed – that the Puma was not suited for.
"It is not known precisely what happened during the positioning of the aircraft to cause the fatal accident. It was not possible for the captain to recover the aircraft and the tail fin hit the ground and the aircraft disintegrated."
He stressed that it was not the Crown's case that Hamilton caused the accident, but by his guilty plea he was accepting that he was negligent.
The charge against Hamilton stated that he failed to ensure the mission was executed in a manner which minimised the risks to the aircraft, its occupants or the general public over whom the aircraft was flown. It added that he also failed to advise the aircraft commander accordingly and if necessary to offer specific guidance to avoid hazardous situations.
Dr Powers said Hamilton had undergone extensive helicopter training since joining the RAF in 2003 and would know that as the co-pilot he should have raised with Sale his standard of flying immediately.
"There can be no doubt that Hamilton knew his responsibilities as an RAF officer," he added. The defendant, who is originally from Northern Ireland, broke his back in the incident and, after spending time in hospital, has to use a wheelchair.
The judge told Hamilton: "It will be no surprise to you that the officers on this board are shocked at the lack of professional standards displayed by those responsible for the aircraft.
"We take fully into account that you have pleaded guilty on the basis that you were not responsible for those very dangerous manoeuvres but you, with others, contributed to create a very dangerous situation on that aircraft.
"You personally had a duty of care to those passengers and you had a duty to ensure they were as safe as possible. We sentence you on the basis that you didn't fully appreciate the dangers caused by your behaviour.
"Had you pleaded guilty to wilful neglect we would have sentenced you to a lengthy period of time in custody. In the circumstances, however, you did have a duty of care and you created this dangerous situation. Any sentence less than prison would be derisory in our view because of the tragic consequences of this incident. But we cannot overlook the fact you have been paralysed and effectively given a life sentence. The maximum sentence that we could impose in this case would be one of two years' imprisonment."
Judge Hunter said that taking into account the plea, the sentence would be one of 16 months' imprisonment.
He added: "However, in the exceptional circumstances of this case, namely that you have been rendered paraplegic by the incident and you were not directly responsible, we feel able to suspend that sentence for two years."
The judge also ordered Hamilton to pay £2,000 towards the costs of his legal aid.
Ian Lawrie QC, defending, said the married father-of-one had been left with serious medical problems since the crash and had a titanium brace in his back and must take a cocktail of daily medication.
"There is nothing he can say via me to excuse these failings. He accepts they were inappropriate," he said.
"I can say to the court that the progress of time has done nothing to diminish the remorse he feels."