Family angry campervan driver not prosecuted over death

The family of a man whose donated organs helped save the lives of four people say the driver of the campervan that killed him should have been charged.

Barry John MacIntyre, 39, died in Grey Base Hospital on April 14 after being hit on the main road in Harihari the day before.

MacIntyre's kidneys, heart and liver were donated to people around New Zealand.

At an inquest in Greymouth on Thursday, his mother, Jill MacIntyre, from Queenstown, said she could not understand why the Spanish driver had not been prosecuted. "I struggle to understand how a driver on New Zealand roads can cross the centre line, run down and kill somebody without any consequences."

Witnesses said MacIntyre had been drinking with a friend before going to the Harihari Motor Inn. Shortly before 6.15pm, he had gone to the smoking area in front of the inn.

In a statement, Mireia Salvador Perez, 27, of Barcelona, said her father, Jorge Salvador Casas, 50, was driving the rental van when she saw MacIntyre run into the road from the right. Her father swerved right to avoid him.

"He turned around and ran back where he came from, but this was now back into the van. My father didn't brake because he thought he would avoid him by going to the right."

Crash investigator Senior Constable Simon Burbery said he accepted that if the driver had applied emergency braking, he would have pulled up before hitting MacIntyre. However, Casas had made the right decision by veering to the right as MacIntyre was a "moving target" travelling to the left.

MacIntyre sustained few injuries except a blow to his head from hitting the road.

Jane Hughes, 41, said the family believed her brother would not have put himself in danger by running into the path of the van.

"I believe justice hasn't been done and my brother is carrying full responsibility for this accident and his death," she said.

Coroner Richard McElrea deferred his ruling but said MacIntyre's death had been accidental.