Yukon judge acquits 3 accused of stealing dead miner's buried treasure

Yukon Territorial Court judge Michael Cozens has acquitted three people accused of possessing stolen gold and silver.

One of the accused said he hadstumbled acrossthe precious metals buried in the bush north of Whitehorse.

The ruling now opens the way for the three defendantsto apply to have the gold and silver seized from them returned.

Evidence in the trial of 38-year-old Robert Venables, his partner Carrie Ann Russell, 42, and his mother Joanne LouiseVenables, 61, was heard in February.

Robert Venableswas charged with theft and possession of gold and silver exceeding $5,000, Russell wascharged with possession of stolen property over $5,000 and another count of possession under $5,000, and Joanne Louise Venableswas charged with possessing stolen property under $5,000.

According to court filings, the goods werealleged to be about $106,000 of gold and silver coins, gold nuggets and a silver bar sold through a local agent to a B.C. buyer and to a Whitehorse gem shop in September2017.

Robert Venableswas accused of stealingthe treasure from the estate of Anthony (Tony)Kopp.Joanne Louise Venables had been a longtime friend of Kopp's.

Kopp, a miner who died of natural causes in May 2017 at age 76,was rumoured to have a stash of gold on his mining claim north of Whitehorse.Silver coins were found hidden in an old vehicle when authorities searched the property after his death.

Robert Venablestold police in late 2017 he had been walking in the bush near Kopp's claim when he tripped over something sticking out of the ground. He said it was the stash of gold and silver.

Judge Cozens said the prosecution's arguments that the only reasonable explanation was that Venables had found Kopp's stash on Kopp's claim were persuasive.

But he said there was still a reasonable doubt the accused were guilty.

Cozens said there was no evidence the metals hadever belonged to Kopp.

He said more investigative efforts by the RCMP could have been done to establish that link. The judge said the RCMP also ignored an offer by Venables to show them where he said he found the treasure. Cozens said inconsistencies between the accused's stories about where the metals came from could be put down to their uncertainty about whether they could keep Venables' find.

Greg Johanson, who represented Russell, told the judge she intends to apply for the return of items seized by police, but he did not specify what those were.

Gold coins and a silver bar were seized as part of the evidence in the case.