The father of a man shot to death in Thailand is upset the man charged with pulling the trigger is no longer in custody.

"I don't want this to happen, not only to my son but to any other people travelling abroad, not only to Thailand but to any other country. This is why I am pushing so hard for justice for Leo John," says Ernie Del Pinto.

Last January, Leo Del Pinto was killed by an off-duty police officer in Thailand. The officer has been charged with premeditated murder but says he accidentally shot Del Pinto during a struggle.

The officer has now been released from custody because of a procedural error in the investigation.

A lawyer for the Del Pinto family says the charges have not been dropped.