(CMR) Magistrate Philippa McFarlane recorded no convictions against Mike Adam and his two sons under section 35(1)(b) of the Alternative Sentencing Act after they pleaded guilty to common assault in September. Speaking about the almost five-year-long land dispute her decision came with some sage words of advice as she warned that “this is the sort of thing that can ruin your life”.
The case against the trio was over an ongoing land dispute issue that has dragged on for some five years. The judge said that she felt the same sentence was appropriate for all parties involved for the offense which was at the lower end of the scale.
However, she did attach some conditions to the recording of no conviction. She issued a one-year probation order which requires them to attend an anger management course offered by the probation office. She also ordered them to “keep the peace and be on good behavior.” They are liable to be convicted if these conditions are not adhered to.
Addressing the neighbors who were also present in the courthouse she noted:
“I hasten to say this goes both ways.”
She emplored the parties to consider mediation to assist in resolving their issues observing how difficult it must be to live in such a stressful environment as neighbors.
The neighbors apparently are trying to undo a prescriptive right of way access that existed for some 45-years. The land registry has also acknowledged the access point in a decision but that has not stopped what many have described as a “reign of terror” to force the Adam family to relinquish the only access point to their West Bay home.
Mendoza has to traverse property owned by at least three other landowners to access his own parcel. In fact, he received a discount when he purchased the property because of the loss of use of that portion of his land. However, he wants the right of access to stop at his property line and has installed, gates, boulders and padlocks to block the access point.
He physically stopped the National Roads Authority in 2019 from putting in the public road by blocking government vehicles. He then obtained an injunction to stop the road from progressing as he attempted to claim that they had not followed the correct procedure in servicing him notice.
Police have been called to the location numerous times over the years with many in the community arguing that there appeared to be some level of favoritism towards Mendoza. He could be seen always inviting the police inside of his home.
Mendoza went to great lengths to install CCTV cameras to return every common by the Adam family so he could report their actions to the police.
During the injunction as the parties awaited the court hearing, Mendoza continued to block access and even placed a gate back where the NRA has removed a previous wall. Last summer the police attended the scene and towed away his vehicle after re refused to acknowledge their instructions.
The Grand Court rejected Mendoza's that most recent attempt to stop the Cayman Islands government from making the access point a roadway. The family now awaits the NRA's return to complete the process.
Ironically, Wilson Mendoza has avoided any convictions despite having faced similar allegations of common assault at some point himself. Many have seen him as an antagonizer who will purposely egg on the neighbors who then react and are arrested and charged. In more than one instance Mendoza has been recorded making threats and allowing his children to throw rocks at the elderly couple's home.
Up until several weeks ago, he was observed making overt threats via the Compass social media page where he commented on a story:
It remains to be seen if he will take Magistrate McFarlane's advice.