Double homicide by carbon monoxide at Lustin: two heating engineers acquitted by Namur court
The criminal court of Namur acquitted on Friday two heating engineers prosecuted for the death of an elderly couple at Lustin, poisoned by carbon monoxide in late 2021.
Acquittal of heating engineers following death of couple at Lustin
The criminal court of Namur delivered its verdict on Friday 4 September: the two heating engineers prosecuted for involuntary manslaughter through lack of foresight and precaution have been acquitted. DHnet reports that the facts date back to 31 December 2021, when a woman named Annick, who had come to visit her parents on avenue Général Gracia in Lustin, found her father motionless in an armchair and her mother collapsed on the floor.
The two elderly people had died as a result of carbon monoxide poisoning. The levels of CO detected in the house were described as very high. The gas, described as a "silent killer", had claimed the couple within a matter of hours.
A recent boiler at the heart of the case
On the morning of 31 December, a heating engineer had intervened to repair the boiler in the home. This appliance had been installed in early October by a subcontractor. The investigation had revealed that the boiler nozzle was detached at the time of the inspections — an anomaly that could have caused the gas leak.
The heating engineer had however maintained before the court, during the February hearing, that the nozzle was correctly fixed when he left and that the work had been carried out properly. He had also emphasised the superior quality and relative newness of the installation.
Doubt favours the defendants
The civil parties' lawyer had for his part denounced shortcomings in the installation, speaking of "botched work". But the deputy public prosecutor had herself estimated, during the closing arguments, that no fault could be established with certainty against the two defendants.
"We are faced with a tragic accident that suddenly bereaved a family," she had declared at the hearing. "I understand the need of the victims to find those responsible for this terrible tragedy, but I cannot establish with certainty that there were failings on the part of the installers. This doubt must favour the defendants."
The magistrate had also emphasised that it was impossible to exclude the possibility that parts of the boiler had been tampered with after the heating engineer's visit, whether by the occupants or by a third party.
The judge follows the prosecutor's office
The criminal judge of Namur followed this reasoning. He considered that the charges had not been proved and pronounced the acquittal of the two men. The requests for compensation formulated by the civil parties could therefore not be granted.
The three children of the deceased couple, including Annick, must thus face a double bereavement without judicial recognition of responsibility.
Source: DHnet