THE family of a man who died in a hit-and-run accident last night vowed to continue their fight for justice, despite a second snub which means the driver may never face court.

Home Office Minister Lord Falconer ruled out any action over the death of Jimmy Mulligan, 73.

His admission in a letter to MP Joyce Quin has left Mr Mulligan's family furious.

Mr Mulligan was left dying in the street after being hit as he stood at a bus stop with his friend, Ivy Clark, 84.

No charges were brought against an 18-year-old and a man aged 20 who were believed to be in a Ford Sierra which struck Mr Mulligan.

The Crown Prosecution Service told the great-grandfather's family that there was not sufficient evidence to bring charges on Mr Mulligan's death, which happened close to his home in High Heworth, Gateshead.

The occupants of the car have not faced charges because each has said the other was driving at the time.

The family hoped Ms Quin's intervention would persuade the Government to act.

Last night, Mr Mulligan's son, Keith, said he would be presenting the Prime Minister with an 8,000-name petition next month.

He said: "I want it known that we will not stop in our fight."

In his letter to Ms Quin, MP for Gateshead East and Washington West, Lord Falconer said: "In the absence of evidence as to who committed a crime, it is not possible to convict both suspects."