The mother of one of the 29 mine workers killed in the Pike River disaster says a private prosecution could jeopardise any hope the families have of getting justice.
Retired accountant Graham McCready says he will file a private prosecution against Peter Whittall after health and safety charges against the former chief executive of Pike River Coal were dropped.
Carol Rose, whose son Stuart Mudge died in the November 2010 disaster, told Morning Report that the case has the potential to derail legal action the families have already planned.
"Rather than commencing legal action now, the families want to wait until we get into the mine where the correct forensic procedure is completed and we have powerful and sufficient evidence which we expect would ensure a conviction on all of the parties that are responsible for the deaths of the 29 men."
Rose said McCready's intentions are good but the families would like him to step back, as they may not be able to pursue their own prosecutions if he has already failed in a legal action.