TWO men who were in a car that crashed resulting in the subsequent death of a pensioner are not to be prosecuted.

The family of Jimmy Mulligan spoke of their outrage yesterday after he was left to "die like a dog in the street".

Even though the pair admitted being in the car, they could not be charged with any crime.

Widower Mr Mulligan, 73, was hit as he stood waiting for a bus with his friend Ivy Clark, 83, on the morning of May 1.

The driver of the silver Ford Sierra lost control as it sped along Sunderland Road in Gateshead and ploughed into a bus, demolishing the concrete bus stop before knocking down the pensioners.

They were left lying at the scene bleeding and battered.

Mrs Clark was later released from hospital after treatment for bruising and leg injuries.

But doctors were unable to save Mr Mulligan and he died from severe head injuries.

The pair in the Sierra were later arrested and bailed while a police investigation took place.

But now Mr Mulligan's family have been left devastated after being told by police that the pair would not be prosecuted.

Each admitted being in the car - but denied driving and would not admit who was behind the wheel.

After police investigations failed to provide any witnesses, the Crown Prosecution Service (CPS) said there was no evidence to charge the pair.

Mr Mulligan's daughter Carolyn Lynch, 52, said: "We got a call from the officer in charge of the case to say that the they could not bring any charges.

"I could not believe what I was hearing.

"It's just disgusting, an outrage. My dad was left to die like a dog in the street.

"We took comfort in the fact that after our dad was tragically killed, at least someone would be punished. But this is an insult to him and us."

Mr Mulligan, a widowed former coke worker, from Gateshead, had two sons and two daughter, nine grandchildren and 15 great-grandchildren.

A CPS spokeswoman said: "We know they were in the car and we know that the car was being driven dangerously.

"But we can't prove who was driving the car and there are no independent witnesses.

"It is understandably very frustrating for the family and the police. "

A spokesman for Northumbria Police said: "The CPS has reviewed the case and decided no further action will be taken against anyone."