THE heartbroken family of a city builder who died after drinking a recreational drug have heard that he may have survived if friends had come to his aid sooner.

Father-of-three Nigel Cotter, of Wonford, was left unconscious by his drinking buddies for almost one and a half hours outside Drakes Wine Bar in Fore Street, Topsham, an inquest was told.

Witnesses had said his drink may have been spiked.

He died at the Royal Devon & Exeter Hospital after an ambulance was finally called.

Mr Cotter's wife, Gillian and his daughter, Katie, 24, wanted the police to investigate the incident.

But the inquest heard yesterday that the circumstances of the tragedy will not be subject to a criminal investigation after the Crown Prosecution Services ruled that there was "no case to answer".

The Exeter and Greater Devon coroner, Dr Elizabeth Earland, in an unusual move, had earlier adjourned the hearing and referred it to the CPS on suspicion it was a "case of gross negligence".

When the inquest resumed, and after the CPS had confirmed its position, she recorded a verdict that Mr Cotter died of non-dependent volatile substance abuse, contributed by neglect, suggesting that his life may have been saved if his friends had taken action sooner.

"He collapsed and remained in an alleyway before an ambulance arrived," she said.

"Remedial treatment was sadly not in time to save his life."

Mr Cotter's family say they remain "devastated" by what happened.

His wife Gillian and his daughter, Katie, speaking after the inquest said: "Nothing has come of this and the coroner said it was in part neglect by my dad's friends.

"My mother and I are disappointed that the CPS is not going ahead. Friends left him for nearly one and a half hours before help arrived.

"In our view they should have been held responsible.

"My dad might have survived if the ambulance had been called to the pub earlier.

"The thing is that his friends will be out again enjoying themselves tonight, but dad will not."

Mr Cotter had been drinking on the night of November 24, 2006, and witnesses told how he was seen to pick up a bottle of isobutyl nitrate — a recreational drug which is popular among clubbers and normally snorted, and is known as a "popper".

Some reported how Mr Cotter was seen to pick up the bottle containing the drug and drink it "in one" and the inquest heard his drink could have been spiked.

The coroner read out a statement about the drug provided by Peter Streete, head of toxicology at Guy's and St Thomas Hospital in London.

He said people reacted differently to it and it could prove fatal to some within 20 minutes or two hours.

The CPS was unavailable for comment.