The conviction of a pair of Brighton businessmen who pocketed £1 million in ticket sales for a notorious Christmas attraction has been judged unsafe after a juror was discovered texting during the trial.

The Mears brothers, Victor and Henry, were banged up for 13 months in March this year for their role in setting up the notorious crappy Lapland New Forest attraction in 2008. RollOnFriday readers will no doubt remember the festive farrago, where punters paid £30 a head for a magical Christmas experience of crisp snow, twinkling lights and red-nosed reindeer - but were greeted with mud, cruddy strings of fairy lights and some miserable huskies. It closed after 5,000 complaints and a Christmas elf got punched in the face by an irate parent.

A winter wonderland, courtesy of Victor and Henry Mears

Victor and Henry were prosecuted by Dorset Trading Standards at Bristol Crown Court, and sent down after being found guilty on eight counts of misleading advertising. However it now appears the whole process was prejudiced by one juror, who admits texting her partner in the public gallery as she sat in the jury box.

In particular she received one text from her boyfriend which was simply the word "guilty". That sort of thing doesn't go down well in court, although the juror later attempted to explain away the message as her boyfriend's apology for eating a full English breakfast whilst on a diet. Which should stand up well in her contempt of court hearing.