A CHEF says the British justice system has let him down after he was attacked in the street.
New Zealander Zane McKinnon, 32, was thumped by a man in Huddersfield town centre at 9.30pm last Sunday night.
He says the man had been shouting and swearing at someone in a car on John William Street and then ran out into the main ring road junction on nearby Castlegate, chasing the car.
The man was later arrested by police investigating an offence of criminal damage nearby.
Officers took a statement from Zane that night, but he was later told the man would not be charged with attacking him as he was not injured and the offence was not caught on CCTV.
However, Zane is unhappy with that decision and said: "I was walking home from work and first noticed the man emerging from St Peter's Gardens on Byram Street.
"He asked me for a light, but I ignored him and walked on."
But when he reached the end of John William Street the same man was already there and had flagged down a car turning out of Fitzwilliam Street and was shouting and swearing at the driver through the open passenger window.
The car drove off into the ring road chased by the man who threw a traffic cone at the car.
The man then turned round, saw Zane and started to shout and swear at him before hitting him on the back of the head.
Worried about his safety, Zane fled and a passerby who had seen the incident gave him a lift to his Birkby home.
He then called police and made a statement that night.
Zane understands that the car driver was never traced.
He said: "I'm very disappointed about the decision not to prosecute this man for assault.
"Ironically afterwards I received a letter from Victim Support saying I was a crime victim and asking if I needed any support."
He said what had happened to him had left him quite shocked.
"I've been in Huddersfield for two years and never seen or heard of anything like this before," he said.
"I just feel its a failing in the British criminal justice system. Lots of people must have seen what happened as it was a busy area at the time."
A police spokeswoman confirmed officers had responded to the incident and arrested a 38-year-old man.
She added: "Police questioned the man and took the decision that there was insufficient evidence to warrant a prosecution for the allegation of assault.
"We do take offences of violence very seriously and they are always thoroughly investigated.
"Reducing violent crime is one of our highest priorities and we have made extra resources available to tackle this issue."
The 38-year-old has been charged with criminal damage and is due to appear at Huddersfield Magistrates' Court on Wednesday.
