A ‘rumbunctious’ pensioner fined for digging up his neighbours’ flower beds in a bizarre ‘turf war’ over a tiny strip of land has persuaded a judge to quash his convictions.
John Weiniger, 73, was convicted last year of criminal damage and harassment after CCTV caught him creeping out in the dead of night to trash the garden of surgeons James and Samantha Miller, in the sleepy Oxfordshire village of Mollington.
He had fought for years over the two-inch slither of land that separates their two properties, with a court hearing how Weiniger dug up the disputed turf and tossed the soil onto the Millers’ property – before wheeling their rubbish bins down the road and placing his own containers on the contested patch.
But today, the eccentric pensioner had his criminal convictions scrapped following an appeal. with a judge instead imposing a restraining order and telling him he must have no contact with his neighbours until 2027.
Judge Michael Gledhill KC, who has overseen a number of border rows, told the 73-year-old boundary disputes ‘bring out the worst of human beings’, adding: ‘They usually end disastrously and usually they have huge costs.’
John Weiniger (pictured), 73, was found guilty of criminal damage and harassment following his campaign to reclaim the sliver of land which separates his property from the home of respected surgeons James and Samantha Miller, in the sleepy Oxfordshire village of Mollington
A two-day trial at Oxford Magistrate’s Court heard how Weiniger dug up the disputed turf and tossed the soil onto the Millers’ property – before wheeling their rubbish bins down the road to other houses and placing his own containers on the contested patch (Pictured: James and Samantha Miller with their baby leaving Oxford Magistrate’s Court)
Weiniger complained in court that the fence the land was attached to – which was actually erected by previous owners – had ‘stolen two to three inches’ of his driveway, preventing him from taking his African Grey parrot out on trips, because he could no longer fit him into his car. (Pictured: Disputed flowerbed is to the right of the brown wheelie bin and attached to the post of the gate accessing the Millers’ garage)
The decision at Oxford Crown Court came after Weiniger was convicted by Oxford magistrates in January 2022, following a two-day trial.
During a bizarre exchange, Weiniger had told magistrates how the loss of the narrow strip of land to his neighbours, had made it impossible for him to take his pet parrot Captain out for rides in his car.
The court heard how the surreal saga began soon after the Millers, who have a baby together, moved into their £950,000 property and decided to get carry out some building work to the front of the home.
On July 12, 2020, Weiniger became enraged at the works and ‘threatened everyone there with jail’, the court heard. It was then that he staked his claim to the strip of land which separated their homes.
Just two days later, the Millers began noticing soil and hyacinths they were growing had been dug up and dumped within their property.
Suspecting Weiniger’s involvement, they decided to install CCTV cameras, which showed him repeatedly sneaking out in the early hours of the morning to wreak havoc.
Eventually – and in desperation – the Millers contacted the police and their neighbour was arrested and charged with numerous counts of causing criminal damage and one charge of harassment.
Weiniger (pictured left above his property) denied the charges but was found guilty of seven of the offences and was ordered to pay a total of almost £3,000 in fines and costs. But he has since had his convictions quashed following an appeal
During his trial in January 2022, a rambling Weiniger (pictured) said the dispute had actually started nearly 15 years earlier when the previous owners of the Miller house had moved a boundary fence around two inches onto what he claims was his land
The saga began almost immediately after the Millers, who have a baby together, moved into their £950,000 property (pictured) and decided to get some building work done to the front of the home
During the hearing, Weiniger, who uses crutches to get around, sat in the court wearing a green Barbour jacket as he listened to the prosecutor outline the case against him.
Mr Roach said that Weiniger had launched a tit-for-tat campaign against the Miller’s, including photographing Mrs Miller while she was gardening on her property.
Defence barrister Danae Larham told the court that Weiniger had merely been defending his own property that he had owned before the previous owner moved a fence near the Millers’ garage.
Weiniger then protested to the court that he was the ‘best neighbour in the world’ and that all of his actions had been to try to prevent the Millers seizing his land, despite the flower bed showing as belonging to the Millers on Land Registry documents.
At that point, Weiniger fired back from the witness box: ‘The Land Registry is wrong.
Weiniger denied the charges but was found guilty of seven of the offences and was ordered to pay a total of almost £3,000 in fines and costs. He was also given a restraining order not to approach Mr and Mrs Miller or their home for five years.
Presiding magistrate James MacNamara warned Weiniger: ‘If you see them you must turn around and walk away, it is your responsibility not theirs.’
He was also forbidden from going onto the Miller’s property or moving anything in the flowerbed which had been at the centre of the dispute.
Defence barrister Danae Larham told the court that Weiniger had merely been defending his own property (pictured left) that he had owned before the previous owner moved a fence near the Millers’ garage
Speaking during the appeal against the convictions, Weiniger’s defence counsel told Oxford Crown Court his client had ‘not breached the restraining order, particularly on the condition of no contact with his neighbours.’
The successful appeal against his conviction came following an agreement between Weiniger’s counsel and Mr and Mrs Miller.
Appearing for the prosecution, Alice Aubrey-Fletcher, said: ‘This agreement has come with consultation with the appellant, his counsel and the complainants in this case, that meets the requirements and needs of all parties involved.’
Judge Gledhill heard the conditions of resolution revolved around quashing all of Weiniger’s convictions at the magistrates court, including the £1,700 fine.
However, both defence and prosecution agreed that the restraining order of no contact, should be extended until January 2027.
Judge Gledhill said: ‘The prosecution do not contest the appeal, as long as the defendant abides by the restraining order until January 2027. Both parties must understand what the consequences will be.
‘The convictions of the magistrates court are overturned and a restraining order will be put in place until January 2027,’ Judge Gledhill concluded.
