Police say there was "no reasonable prospect of conviction" in the case of a fatal hit and run in Waikato early this year.
Police have explained why they dropped charges against the man accused of running over Hawke's Bay man William Gregory Hoskins.
The 26-year-old died after being run over on State Highway 1B at Matangi early on January 15. He was discovered by a passing motorist who found him lying over the centre line of the road.
David Mascelle, 47, handed himself in to police the following day but his charge of careless driving causing death was dropped by police last Friday.
Hoskins' father was furious about the development, but District Commander Win van der Velde said he has now met with the family to explain the decision.
Van der Velde said the police investigation found it was likely Hoskins was lying down on a typical New Zealand country road with a posted speed of 100kph during the hours of darkness when he was struck.
"The driver of the utility stopped a short distance from where Mr Hoskins had been struck. Given the minimal damage suffered to the front spoiler of his vehicle and the belief he had struck a pot hole or rubbish bag, the driver carried on his way," van der Velde said.
A report into the crash, which was completed on May 17, questioned whether Hoskins would have been able to be seen as he was wearing dark clothing, and the area was poorly lit.
After analysis of the report, witness interviews and legal advice the police concluded there was "not a reasonable prospect of conviction".
An alternative charge of failing to stop, ascertain injury or render assistance was ruled out because it would have required the Crown to prove Mascelle had known he had run over Hoskins.
Van der Velde said Hoskins was not the first pedestrian who has died in the Waikato while out at night dressed in black and walking on the road with an expectation that they will be seen.