The family of a former Royal Marine say it is a “travesty” that no-one will face criminal charges in connection with a violent incident which left him fighting for his life.

Danny McAllister, 22, of Odsal, was left critically ill in a coma and needing brain surgery after what police initially described as an assault in November last year.

His family were told at first to expect the worst and then that an operation he needed carried an 80 per cent chance he would end up severely brain damaged.

He spent nine weeks in hospital and is now re-building his life but the former fitness instructor has slurred speech and trouble walking and is not sure whether he will be able to return to work.

Although a former suspect – who was arrested after the incident in Holroyd Hill, Wibsey, in November – is believed to have admitted punching Mr McAllister when questioned by police, he claimed it was in self defence.

The McAllister family has now received a letter from the Crown Prosecution Service (CPS) indicating it will not be pursuing the prosecution.

Mr McAllister has only a patchy memory of the incident.

His mother, Julie McAllister, said: “The letter says there’s not enough evidence – yet my son has had major brain surgery.”

She said she was rushed to hospital by police who knocked at her door in the early hours of Saturday, November 19, and was told her son was not expected to pull through.

“We are extremely unhappy. He admitted hitting him. How do we cope with that?”

She said she will appeal against the CPS’s decision.

Andy McAllister, Danny’s uncle, said it was a “travesty” that no charges were to be brought.

“We do want justice and I want it to be done the right way,” he said.

Danny McAllister said: “I’m wound up, it’s not good.

“I nearly died. It would help me get through it if I knew there was going to be some justice.

“I’m all right now but I’m wobbly. It was awful, I spent Christmas in hospital.”

A spokesman for the CPS said based on the evidence currently available it was not pursuing a prosecution.

She said: “A file of evidence was passed to the CPS by the police so we could advise as to whether or not the suspect should be prosecuted.

“Although the suspect admitted punching Daniel he claimed that he was acting in self defence.

“Once this defence is raised, the prosecution has to disprove it.

“A jury can only convict if they are certain that the suspect was not simply trying to defend himself.

“Following a thorough review of all the available evidence we felt that the jury could never be certain that this was the case and so there was not enough evidence to provide a realistic prospect of conviction.”