Summerland brothers guilty of mischief in feud with neighbouring mushroom farm; judge urges them to move on

UPDATE: 5:40 p.m.

A longstanding neighbour feud between Brad and Darren Besler and their neighbours What the Fungus mushroom farm has finally come to end — at least, Judge Michelle Daneliuk hopes so.

In court Tuesday, the brothers learned they will not spend any time behind bars, instead being sentenced to a conditional discharge with a probationary period of nine months for mischief.

They were charged with both mischief and criminal harassment in relation to events over several months in 2019, both before and after the mushroom farm on Garnet Valley Road had obtained local bylaw variances for their various outbuildings.

Animosity between the neighbours quickly heated up.

During the summer of 2019 through the end of that year, Daneliuk explained in her decision, the Beslers put up cameras aimed at the What the Fungus property, drove their vehicles up and down while purposefully spinning out and spreading dirt across the property line, started a "maggot farm" right at the property line which let off "noxious odours," and blared loud music.

In a particularly notable incident, Brad Besler erected large white crosses in the dead of the night, caught on security cameras, facing the What the Fungus farm, which Daneliuk accepted was an act clearly directed at the farm and its workers.

What the Fungus also put up cameras and a fence, and workers at the farm including co-owner Thor Clausen were caught on footage submitted to court making "lewd comments" across the property line to members of the Besler family — an action Daneliuk noted in her decision, as it did not seem to indicate they were afraid of the Beslers, as they claimed at trial.

She also noted that testimony from RCMP who had responded to the farm and spoken to Clausen, as well as testimony from other What the Fungus employees during trial, "did not disclose fear of the Beslers, but more so collectively the sentiments expressed by these witnesses were frustration, contempt, anger, and hostility towards the accused."

Objective fear based on the Besler's actions would have been key to convict the brothers of criminal harassment, Daneliuk explained.

Daneliuk found the pair not guilty of harassment but guilty of one count each of mischief. Crown prosecution asked for an 18-month suspended sentence. Daneliuk chose to give the brothers nine months of probation, which along with standard probation rules will include a no-contact order for Clausen and three others affiliated with What The Fungus.

"I am hopeful that the any animosity, hostility, frustration or negative feelings that are held between the parties here will dissipate," Daneliuk said.

She urged Brad and Darren to let the issue go and move on.

"I think it's unhealthy for you both, it's unhealthy for your life, it's unhealthy for your relationships generally to be so wrapped up in this issue,” she said.

"Don’t let it define your life.”

The brothers were also charged $100 each as a victim surcharge fine.

Brad indicated in court that the pair have already begun proceedings on a civil suit related to this issue.

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ORIGINAL: 10 a.m.

The verdict in a lengthy court case over a dispute between neighbours and the next door mushroom farm will finally come Tuesday afternoon in Penticton court, after delays due to the mountain of evidence and testimony presented at trial.

Brad and Darren Besler face charges of criminal harassment and mischief under $5,000 in relation to events involving their neighbours, What the Fungus farm in Summerland.

The pair represented themselves in a trial that spanned 12 days in the winter and spring.

Judge Michelle Daneliuk had been due to give her verdict in early August, but she said she needed more time to go over the sheer volume of evidence.

The Beslers have not been shy about making their concerns about their neighbours known, as well as their opinions on local RCMP who attended calls for service at the farm and their property as the dispute escalated.

They have, via social media and in the courtroom, accused RCMP and their neighbours of lying about harassment claims and more. Nothing has yet been proven in court.

In 2019, they put up a large sign and picketed their neighbours' property, and blanketed the community in flyers, protesting outbuildings on the mushroom farm that did not comply with local bylaws.

Summerland council approved an after-the-fact variance for the mushroom farm in June 2019, legalizing buildings constructed within the property setbacks. Criminal charges were laid against the Besler brothers in July of that same year.

This story will be updated when Judge Daneliuk gives her decision, expected at 3:15 p.m. Tuesday.