Waikato police say a Hastings man struck and killed by a motorist would have been difficult to see at night, wearing dark clothing.
Police investigators yesterday released details about their decision to drop charges against the driver who ran over concrete worker William Gregory Hoskins.
The 26-year-old former Karamu High School student was found lying over the centre line of the road in a critical state by a passing motorist. The incident happened in Matangi, south of Hamilton, on January 15. Mr Hoskins was just 150 metres from where he had attended his cousin's wedding a few hours before.
He suffered multiple injuries and died soon after paramedics arrived.
Waikato district commander Superintendent Win van der Velde said it was likely Mr Hoskins was lying on the road in dark clothing on the night he was run over.
"As part of this investigation, a Serious Crash Report was completed on May 17.
"This report raised significant questions in relation to the contrast of the deceased, whether he could be seen in his dark clothing, his position on the road, the poor lighting and the fact it was dark at the time of the crash," Mr van der Velde said.
"An important issue to come out of this was whether, in the circumstances, the driver would have had sufficient time to react and take action to avoid a collision.
"As a result of these issues, an out-of-district police crash analyst and a lighting expert were engaged to carry out further analysis." A review of the crash report, further analysis and interviews of witnesses, coupled with legal advice, resulted in the determination that there was not a reasonable prospect of a conviction on a charge of careless driving causing death.
The driver, Hamilton man David Gregory Mascelle, 47, stopped a short distance from where Mr Hoskins had been struck. Police said given the minimal damage to the front spoiler of his car and the belief he had struck a pothole or rubbish bag, he carried on his way.
"Interest has also been expressed around the lack of a charge of failing to stop, ascertain injury or render assistance. These charges were again reviewed at the time but for a prosecution to be brought there must be an awareness by the driver that they have hit a person or a vehicle. Without that awareness, there cannot be a prosecution," Mr van der Velde said
Mr Hoskins' father, Greg Hoskins, earlier told Hawke's Bay Today the decision was devastating for the family.
"It's a bit hard, going through it all again. The trial would have been a good way to give William something, but now he has nothing," he said. "It was a bit of a slack-off, that's for real. Especially how they left it so long. All this time has passed and a few days before the trial they drop the charges."
He said three police officers from Waikato had arrived in Hawke's Bay to deliver the news.
"I don't understand how you can hit someone with a car and not be charged," he said.
A coroner's inquest is being conducted into the death.