A long-simmering dispute between vendors at the Hamilton Farmers' Market has led to criminal charges after one of the business' banking machines was vandalized — the pin pad buttons coated with superglue.

Lisa Hori, an owner at CC Produce, said the vandalism happened the night of May 21, 2019 and says it was captured on their security camera. She and her husband went to police.

Jorge Rodrigues, 64, is charged with mischief under $5,000.

Jorge Rodrigues, 64, is charged with mischief under $5,000 after allegedly putting superglue on an ATM at the Hamilton Farmers' Market. | Supplied

Ercilia's Fine Foods, which Rodrigues owns with his wife, selling baked goods, jams and honey, is kitty-corner to CC Produce on the lower level of the market. He says the case against him is "circumstantial" and alleges the complaint to police is part of a continued conflict and unfair treatment by the market's board of directors.

While the two sides disagree about just about everything that happened and why, they both say there are problems with the board. Rodrigues says it's "dysfunctional." Hori said as victims they've been left in the dark about how the market will handle the conflict. She wants Rodrigues permanently banned from the market.

In an emailed statement, board chair Wilfred Arndt said he couldn't comment on the matter because it was discussed in closed session at market board meetings.

"I can't share anything with you about this topic as it is related to a confidential in camera discussion at the Market Board meeting," he said.

The morning after finding glue on their ATM pin pad buttons, which left the banking machine at out of service, Hori said they turned to their security camera footage. In an eight-second video clip shared with the Spectator, a man dressed in black, identified as Rodrigues, walks over to the ATM machine carrying an object in his hands. He looks down, then walks away. His hands are obstructed from view, since the camera is positioned behind the ATM machine.

Hamilton police Const. Lorraine Edwards confirmed the charge and that Rodrigues is accused of vandalizing another vendors' ATM machine with glue.

"The whole thing was caught on video," she said.

Rodrigues was charged over the summer and had his first court appearance Sept. 5.

But Rodrigues said the video shows him stopping in front of the ATM while he was "taking some things to the garbage bin." He said he walked back to a table where his friend was waiting because his friend called him back.

"I had nothing to hide," he said.

Rodrigues also questions the timing of the discovery. On the morning the glue was discovered, he said there was a problem at the docks with vendors parking their vehicles in a loading zone. He says he's never been questioned by anyone about the incident.

Hori claims the ordeal has to do with a years-long conflict over ATM machines in the market.

Rodrigues was the first to have a bank machine in the market. Then about five years ago, CC Produce got a machine. Hori said there was never an argument, but claims it was obvious Rodrigues was upset they'd installed an ATM. She alleges he would constantly watch and take pictures of their equipment and was once seen on video walking through the stall after hours.

Lisa Hori at CC Produce at Hamilton Farmers Market, where she says her ATM was vandalized by a neighbouring stall owner. | Barry Gray/The Hamilton Spectator

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These allegations are not part of the court proceedings.

Hori's husband, Charlie Chiarelli, sits on the market board but because of the obvious conflict he has not been part of the discussions about the incident. He did not speak with The Spectator for this article.

She said Rodrigues was barred from the market shortly after the incident, but she wants him banned forever. She doesn't want to see Ercilia's closed, she just doesn't want Rodrigues allowed back.

This is not the first time the market has been in the news over conflicts, including vendors leaving over dysfunction, attempts to evict people and board turnover.

Hori claims she was told that if Rodrigues admitted guilt, apologized and signed a code of conduct by Sept. 21 he would be allowed back. But that time has passed and she's been told nothing since.

Years ago, her husband had an issue with another vendor, whose son punched Chiarelli, she alleged. Her husband "defended himself" but both men ended up facing 30-day suspensions. Now she questions what protections they would have if Rodrigues were allowed back.

But Rodrigues alleges Chiarelli is the aggressor, who holds power over other vendors and has made problems for him before.

"We follow the market rules. We focus on our business and do the best we can," he said.

Yet Hori said overall the market has a friendly, healthy atmosphere.

"A lot of us are best friends, we go to each others house for dinner, even among competitors," she said.

But when it comes to a few aggressive people, she alleges the market doesn't appear able to deal with conflicts.

"If they let this guy back in and say something happens? What policies are protecting us?" she said.

noreilly@thespec.com

905-526-3199 | @NicoleatTheSpec