A BRITISH Microlight Aircraft Association inspector will not stand trial over the deaths of two men in a flying accident almost four years ago.

The prosecution today offered no evidence against John Whelan after pyschiatrists found his mental state was such he was likely be permanently unfit to face the charges.

Mr Justice Bean declined at Maidstone Crown Court to enter a not guilty verdict but ordered a stay on the proceedings for 28 days.

If during that time the Attorney General, Baroness Scotland, takes the unusual course of issuing a "nolle prosecui" (no longer proceeding), the case will he halted.

If she does not take such action, said the judge, not guilty verdicts will be entered.

Mr Whelan, of Romford, Essex, had denied the manslaughter of his friend Terry Stewart and Daniel Attubato and negligently acting in a manner likely to endanger aircraft.

Mr Stewart, 50, from Orpington, on August 21, 2004 piloted his microlight and took Mr Attubato, 35, from Weavering, near Maidstone, for a flight paid for by his parents-in-law.

Mr Attubato's wife Yvonne was taken for a flight at the same time in another microlight piloted by Matt Robbins. Both passengers wore helmets.

The microlights took off from Rochester airport, flew over Maidstone and then headed for the Isle of Sheppey.

Mr Stewart's aircraft crashed on cliffs near Eastchurch, Sheppey. He and Mr Attubato died almost instantly from multiple injuries.

The prosecution alleged that the microlight crashed because a component in an upright failed, leading to a loss of control.

Mr Whelan, 62, had helped Mr Stewart modify the aircraft in May 2004. But it was said to have been done negligently, making it unsafe.

In his role as a BMAA inspector, Mr Whelan then signed off the microlight logbook as having complied with the necessary Service Bulletin 116, when, it was alleged, the modification did not do so.

Anthony Haycroft, prosecuting, said the Crown wished to proceed no further with the case, as consultant psychiatrists had declared that Mr Whelan could not "deal with a trial in any shape or form".

He added: "Their opinions are that it was likely to be a permanent state of affairs."