Phillip Oake, of Cherwell Close, was out at the Crown public house on Broad Street in the early hours of June 9 2023 when he was killed.
It was understood Mr Oake, 54, was leaving the pub and had gotten outside when another man pushed him to the ground following a “15 second” confrontation.
Emily Handley, Mr Oake’s daughter, told Worcester News: “My dad and his friend left the bar. A man followed them outside and called him back. He shoved my dad and my dad hit the floor.”
Mr Oake struck his head on the pavement, because of which he “sustained a fractured skull and severe intracranial bleeding”. He was taken by ambulance to Worcestershire Royal Hospital, and then later the same day to the Queen Elizabeth Hospital, Birmingham, where he underwent emergency surgery.
MISSED: Phillip Oake died after an assault outside The Crown pub in Broad Street, Worcester (Image: Family handout)
Despite treatment, he failed to recover from his serious head injury, and died in hospital on July 1 2023. A medical report concluded Mr Oake, who was born in Crowle, had died from “complications of head injury”.
David Donald William Reid, senior coroner for Worcestershire, ruled Mr Oake was “assaulted” and died as a result of “unlawful killing”, at an inquest last month.
Despite the ruling, the Crown Prosecution Service (CPS) has confirmed it is not currently considering a prosecution against the man who killed Mr Oake.
It is understood the CPS considers there is insufficient evidence to establish that the suspect was not acting in lawful self-defence when he pushed Mr Oake.
Mrs Handley had appealed the decision under the Victims’ Right to Review scheme, but the CPS declined to prosecute.
“I am very annoyed it is not going to court”, she said. “I do feel it should have. I do think it deserved a chance for a jury to make their decision.
“It does blow my mind that there is no realistic prospect of conviction, especially when my dad was leaving to go home.
“I cannot comprehend how someone can claim self-defence when my dad was leaving the situation.”
Ms Handley added: “My dad was my absolute world. He was my best friend and it has been so hard, especially the way he died.
“He was one of the funniest men I have ever known. He was a great dad to me and my brother. No one has got a bad word to say about him.
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“My dad did have quite a lot of challenges in his life, but he was still always the life and soul of the party. He had so many stories to tell from his life.”
The coroner’s ruling was made on “the balance of probabilities”, a lower standard of proof than is required in criminal courts, where a jury would have to be “sure” that the suspect is guilty before they can convict.
A Crown Prosecution Service spokesperson said: “Our thoughts remain with Mr Oake’s family and friends following his tragic death.
“We carefully considered all the available evidence in this case, but it was determined our legal test for prosecution was not met and there was no realistic prospect of conviction.
“This decision was upheld by two separate reviews under our Victims’ Right to Review scheme and communicated in full to the family of Mr Oake.”
If new significant information comes to light, the CPS confirmed it would work with police to review it.