A territorial judge was not willing to believe a man had no idea he was assisting in an arson by taking a 160-kg propane tank into a trailer home.

Judge John Faulkner found 39-year-old Donald Paul Kingshott guilty of two charges Tuesday for his role in the destruction of a Marsh Lake trailer home on July 4, 2003.

Kingshott was found guilty of arson and using explosives with the intent to destroy property.

Faulkner said his decision on whether he should convict Kingshott came down to whose comments and testimony should be believed.

The judge noted there was another man involved who was 17 at the time of the incident.

The decision hinged on whether to believe the 17-year-old's testimony or Kingshott's statements.

The youth testified in court it was his idea to burn down the trailer.

However, the youth also said Kingshott assisted him completely in the incident, including helping him carry the 160-kg propane tank into the trailer, pouring diesel fuel and putting creosote on the floor.

Kingshott's defence attorney, Gord Coffin, told the court the accused was at the scene but was a bystander and not criminally responsible.

The judge also mentioned Kingshott had stated he helped carry the tank but thought it was going to be hooked up in the home.

Kingshott had said he was completely surprised when the youth opened the valves on the propane tank and put a lit candle in front of it.

In weighing the conflicting stories, Faulkner noted the youth had motive to lie because it could ease the burden on him both in court and with his family.

'However, (the youth's) evidence does not stand alone.'

Another person who was at the scene testified they saw Kingshott pouring liquid on a step of the home. That person also reported seeing Kingshott and the youth lighting the fire with their lighters.

Faulkner noted the witness was sometimes confused about the sequence of events but the judge had no reason to believe the person had the guile to 'concoct' a story that would implicate Kingshott.

Another witness at the scene said the youth asked Kingshott to stop driving away from the scene so they could watch, and the accused obliged.

Faulkner said those are not the actions of a bystander.

The judge noted that after the Marsh Lake home was torched, the accused and some of the other people who had been at the scene, including the 17-year-old, drove toward Atlin that night and slept in their truck before heading back toward Whitehorse.

After dropping some people off, Faulkner said, Kingshott and the youth took off heading south.

Kingshott was arrested in Fort Nelson, B.C. last September.

The judge thought fleeing the territory could indicate Kingshott's guilt.

While there was little proof of motive, Faulkner said it was unnecessary.

'The evidence, in my view, points irresistibly to the conclusion he was a party (to this crime).'

Kingshott has yet to be sentenced. The date for the sentencing will be set Friday.

According to court documents, the property belonged to Nina Bolton and Dan Toews, who were living in Pelly Crossing at the time and planned to move into the Marsh Lake home at a later date.

Besides the 160-kg propane tank, the diesel fuel and the creosote, the documents also indicate another four or five 32-kg canisters were also put in the home.

The trailer was destroyed, causing $50,000 to $60,000 worth of damage, according to the documents.