A Kareedouw guest house owner who was repeatedly made aware of a possible gas leak at his establishment "gambled" with the lives of his guests by not rectifying the issue.
This is according to Magistrate Vusiwe Mnyani, who convicted Kevin Pretorius, 47, of double murder in the Gqeberha Regional Court on Friday.
The court ruled that Pretorius was responsible for the deaths of engaged couple Mari Hoon, 28, and her fiance Jean Vosloo, 25.
Toxicology reports confirmed that the couple died from carbon monoxide poisoning, allegedly due to a gas leak from a geyser on the property.
According to evidence presented in court during the trial, the bathroom geyser did not have a flue pipe to draw out the poisonous gases.
The couple's bodies were discovered in a bathroom on the premises.
In handing down judgment, Mnyani said Pretorius did not take the court into his confidence and appeared to not want to take responsibility for what had happened.
She said during cross-examination it emerged that he was the sole beneficiary of the guesthouse.
Mnyani pointed out that evidence established that he had been made aware of the gas exposure on at least three prior occasions, but he never saw it necessary to get an expert to rectify the installation defects.
Instead, he regarded himself as an expert in gas because he had been dealing with gas since he was a kid, the court found.
"His attempt to shift the blame to the manufacturer of the geyser cannot stand.
"He did not act when he was warned of the gas smells and his conduct put the lives of his guests in danger.
"The evidence showed that he could have foreseen that the risk of death was possible, but he was willing to gamble with the lives of his guests," said Mnyani.
The court ruled that Pretorius had the necessary criminal intent and that he was an unreliable witness whose version of events was "highly improbable".
According to Mnyani, State Prosecutor Johan Jansen proved his case beyond any reasonable doubt.
Also read: Judgment postponed in Kareedouw guesthouse double murder trial
During the trial, evidence was gathered from other guests (witnesses) who previously stayed at the establishment and reported smelling gas.
These witnesses described how during their stay they started feeling ill.
They described symptoms of nausea, feeling disorientated and shaky, severe headaches, seizures, and vomiting.
Some of them felt so dizzy that they could not walk while one person lost consciousness and had to be rushed to a hospital.
Mnyani said all of this was brought to the attention of Pretorius.
The testimony of an inspector showed that there were no building plans for the establishment and Pretorius could not produce the necessary gas compliance certificates.
It further showed the relevant safety precautions concerning the geyser and the whole design of the flue sensor was not correct.
The court further heard evidence that the geyser's flue pipe had been removed when renovations were done to the premises.
Hoon's family expressed their relief at the judgment, stating that they were relieved that justice had been served.
Their sentiments were echoed by Vosloo's mother, Christel.
Maria Hoon said it has been four long years, but she was grateful to God that the matter is nearly completely finalised.
Hoon's sisters, Michelle Green and Sune Hoon said even though the judgment brought some solace, their hearts remained broken.
"If things were just handled differently, everyone would have felt differently too.
"I am happy that justice was meted down for my sister and Jean," said Sune.
"The justice system did not fail us," said Green.
Pretorius' attorney, Peter Daubermann asked that a probation officer's report be compiled for sentencing procedures and that his client's bail be extended.
The case was postponed to 28 March.
