A man hit and killed by a train in Christchurch on Monday night was due in court today.

But when Murray Bruce Miller's case called at Christchurch District Court this morning, his lawyer Gilbert Hay said he could not proceed because his client had not turned up.

The police stepped in to say that Mr Miller had died.

Two charges - of intent to injure and unlawfully being in a yard - were withdrawn by leave.


Mr Hay appeared stunned to learn that his 26-year old client had passed away.

Police say that Mr Miller and another person had been walking on Lincoln Rd, towards Moorhouse Avenue shortly after 10pm on Monday, when he attempted to cross the railway crossing.

Lights and bells were sounding at time.

Mr Miller was hit by the front of the train and was carried some distance down the railway line.

He was pronounced dead at the scene and his death has been referred to the coroner.

A death notice published today says Mr Miller was the beloved partner of Cherie, and dearly loved son of the late Bruce, and Cindy and Noel.

It paid special thanks to the Christchurch City Mission for their "care and support over the years".

The funeral will be held at Kerrs Road Chapel on Monday at 10.30am.