A juror was allowed to reach a verdict in the fraud trial of former Spalding United chairman Christopher Toynton after drawing a pencil sketch of his barrister during the case, it can now be revealed.
The picture of fraud specialist James Bourne-Arton was passed to a court usher by the juror after the 12 members of jury retired to consider their verdicts at Lincoln Crown Court on Tuesday.
Judge Catarina Sjolin Knight, the trial judge, revealed the drawing was dated March 17, ten days after the trial of Mr Toynton, began.
The Judge remarked the author had “artistic talent,” and allowed the juror to continue with the case after inviting submissions from both defence and prosecution counsel.
Mr Bourne-Arton admitted to being “slightly embarrassed” by the matter, but said it would have been of more concern if the issue had been raised by another worried juror, which had not happened in this case.
All jurors in English criminal trials are warned to report matters to the trial judge if they have concerns about any of their colleagues who are trying a case.
Prosecution barrister Julian Jones said the Crown were happy for the juror to continue with the case as there was no other evidence of impartiality or the juror failing to pay attention to the evidence.
Mr Jones also asked for the issue of the drawing not to be reported until the conclusion of the trial to spare any “potential embarrassment” for the juror.
Judge Sjolin Knight pointed out Mr Bourne-Arton was the closest person in court to to the jury box, and compared the drawing to a “doodle” which may have been legitimately made while following the evidence.
The Judge highlighted Mr Bourne-Arton’s submission that no other members of the jury had raised any concerns, and ruled the juror could continue with the deliberations as there was no evidence of impartiality or failing to pay attention.
Judge Sjolin Knight said the drawing should remain with the court.
Jurors yesterday (Wednesday) went on to convict Toynton of nine fraud charges by unanimous verdicts relating to his role in a Ponzi type scheme which was based in Spalding.
The court heard many investors were left out of pocket after £3.9 million was poured into the spread betting scheme, named the Lottery Syndicate Club.
Toynton had claimed an account belonging to the scheme’s so-called “whizz kid” trader, Ross Gibson, was frozen by his bank.
But detectives from the Economic Crime Unit (ECU) of Lincolnshire Police began investigating in the spring of 2019 following complaints of suspected fraud connected to the Lottery Syndicate Club Ltd in Spalding.
The case was brought to the attention of police after victims got in touch to report their suspicions.
Prosecutors said Toynton, 73, spent £134,000 of the fund on himself, buying two cars valued at £54,000 and sharing a box at Luton Town.
They claimed Toynton, who compared
Gibson to the legendary footballer George Best, also represented to potential investors that the scheme was safe and low risk.
Toynton, of Horseshoe Road, Spalding, was cleared by the jury of one charge of fraud by false representation and will be sentenced alongside Gibson on 12 May.
Judge Sjolin Knight remanded Toynton into custody and told him: “You are now a convicted fraudster.”
