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Two charges - of intent to injure and unlawfully being in a yard - were withdrawn by leave.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