THE FAMILY of a man who died of carbon monoxide poisoning has spoken out against a “farcical” judgement that cleared a guest house owner of any blame for his death.

Kaiser Javeed Choudry, 46, was accused of health and safety breaches following the death of Raymond Iley, 57, at Albert Guest House, in Front Street, Shotton Colliery, near Peterlee, on January 4, 2011.

The 46-year-old pleaded guilty at a previous hearing to failing to ensure the boiler and flue in the basement of the building were maintained in a safe condition so as to prevent the risk of injury, between March 2009 and March 2011.

But this was on the basis the boiler had nothing to do with Mr Iley’s death.

Following a trial of issue, magistrates sitting in Consett today (Friday, October 11) found in Mr Choudry’s favour.

Speaking after the hearing, Mr Iley’s brother, Brian Iley, 58, said: “It is a farcical judgement, as far as the family and I are concerned.

“The cause of death was carbon monoxide poisoning and the only thing in that building that produced it was the boiler.

“We feel seriously let down. This will cause the family a lot more heartache and distress.”

The body of Mr Iley, along with his 20 dead caged budgerigars, was found by member of family who had taken him his lunch.

The prosecution argued that though no carbon monoxide was found in the property immediately after the tragedy, it could have been present earlier.

Experts found several defects with the boiler in the basement below Mr Iley’s room, as well as inadequate ventilation.

The court was also told that a coroner had ruled Mr Iley had died from carbon monoxide poisoning.

At the inquest into Mr Iley's death, coroner Andrew Tweddle concluded: “Having heard the evidence, I am content there is a clear causal link between the defective boiler that was in the property and Mr Iley’s death.”

But following a day-long hearing bench chairman Carol Cliffe said: “We find that although the boiler was faulty and that there were holes in the basement ceiling, there is no evidence that shows the boiler emitted high levels of carbon monoxide.

“Also, there is no evidence that the fumes migrated to the other rooms from the boiler – therefore we find in favour of the defendant.”

Mr Choudry of Atkinson Grove, Shotton Colliery, also admitted failing to ensure the boiler and flue were checked for safety for more than 12 months since the last inspection in March 2008.

He was ordered to pay a total of £6,030 in fines and costs. The court ruled in favour of his defence costs being covered by the public purse.