He did put the flight in danger.
So did Captain Keys. Papa India's crash was such that people were right on the cusp of survival* Would it have been right for that skipper to be prosecuted had he survived? He was ill, and furthermore, his physical condition should well have set warning bells off - perhaps years before the crash.
*one of the officers attending the crash told me years later that rubbernecking traffic may well have stopped the emergency services saving lives.