A MAN accused of murdering an alleged rapist who got into his house has had the charge dropped after prosecutors decided he used reasonable force.

But the dead man's mother said she was devastated by the decision and was angry that justice would not be determined by a jury.

John Butterworth, 50, formerly of Water Street, Accrington, was arrested and charged with the murder of 18-year-old Daniel Freeston, of Blackamoor Road, Blackburn, in July.

He was due to appear in Preston Crown Court for the first time yesterday, but it was revealed that the Crown Prosecution Service would not be pursuing the case.

A spokesman said the service believed he had only been using reasonable force to defend himself.

Today police confirmed that proceedings had been dropped, but said they could be re-opened if an inquest into Daniel's death found that he had been unlawfully killed.

Daniel was awaiting trial after being accused of and pleading not guilty to rape and Butterworth was to be a witness at the trial, which had been set for August.

It was alleged that Daniel went to Butterworth's home in the early hours with two others and got into the house.

Butterworth is said to have woken up, there was said to have been a scuffle and they fell out of the house onto the pavement.

It was alleged that Butterworth got the teenager into a headlock which resulted in his death.

Daniel, a former Moorhead High School pupil, was taken by ambulance to Blackburn Royal Infirmary, but never regained consciousness. He died in his mother and father's arms later the same day.

His mum, Tracie Collier, 46, of Church Street, Church, said: "I don't know why he went to that house. He had been round to see me earlier in the day and he was in a happy mood, laughing and joking. I don't know what happened that led to him going round.

"I agree with people using reasonable force to protect their property, but I feel there will be no justice for Daniel.

"We are just hoping and praying that the coroner will come back with the result that he was unlawfully killed."

Tracie added that her son's death had also prevented him from clearing his name following the rape allegation.

She said: "He was a lovable rogue who got into bits of trouble, but he would never have done anything like that. He always owned up to anything he had done wrong and he told us that he had not done it. But he will never get the chance to prove that in court."

The mother-of-three said the police had been "fantastic" throughout since her son's death and in particular thanked Det Chief Insp Pete Broome and PC Stuart Roberts.

A police spokeswoman said: "We presented a file of evidence, but the Crown Prosecution Service has decided not to proceed and has withdrawn the charge. The matter has now been referred to the coroner."

A date for the inquest has not yet been set.

Bob Marshall, chief crown prosecutor, said: "A householder is not guilty of an offence if he only does what he honestly and instinctively thinks is necessary to defend himself against an intruder.

"There is no evidence that Mr Butterworth did anymore than restrain Mr Freeston in a head lock, albeit with dreadful consequences. In these circumstances it would be wrong to prosecute him."

Butterworth's solicitor, Phillip Smithies, of Barlow Rowland solicitors, in Accrington, said his client, who no longer lived in the area and had been on bail since he was charged with murder, was "overjoyed" that the charge had been dropped.

But Mr Smithies added: "There are no winners in this. The Freestons have lost a loving son and Mr Butterworth has had his life tipped upside-down and has been living under a lot of pressure."