THE brothers jailed after being convicted of conning thousands of customers into visiting their Lapland-style theme park at Matchams have had their convictions quashed – and will not face a retrial.

In the wake of the news yesterday, Dorset County Council, whose Trading Standards department brought the case against Victor Mears, 67, and Henry Mears, 60, said “it would not be in the public interest” to pursue the pair further.

It revealed that the prosecution cost £98,000 in legal fees and officer time.

The trio of judges at the Court of Appeal heard argument that the trial jury at Bristol Crown Court should have been discharged after a juror had been exchanging text messages with her fiancé and said they had “reached the conclusion that the convictions are unsafe”.

Hilary Cox, Dorset County Council cabinet member for community services, said: “We are deeply disappointed that the convictions of the Mears brothers in connection with the New Forest Lapland attraction have been rendered unsafe due to the conduct of a juror at the original trial.

“However, we recognised it would not be in the public interest to request a re-trial, particularly as the events took place almost three years ago and that prison sentences have been served by both men.”

The juror was discharged during the trial, but Judge Mark Horton rejected an application for the entire jury to be disbanded.

The Mears brothers were jailed for 13 months in March this year over the Lapland New Forest case and have both now served their sentences, having been released on licence in June.

Lawyers for the brothers argued yesterday that some of the text messages were “prejudicial to the appellants” and the judge “erred” in not discharging the jury after the text messaging came to light.

Rossano Scamardella, counsel for Henry Mears, submitted that there was a “13th juror” and that “the jury retiring room can no longer be seen as sacrosanct, a pre-requisite for a fair trial”.

He told the judges: “The entire jury should have been discharged.”

Bristol Crown Court heard during their trial that they offered visitors to the Lapland New Forest attraction in 2008 a winter wonderland with snow-covered log cabins, a nativity scene, husky dogs, polar bears and other animals, as well as a bustling Christmas market.

But families found a muddy field, a broken ice rink and fairy lights hung from trees, the court heard.

Dorset Trading Standards prosecuted the brothers under consumer protection laws.

Victor, of Selsfield Drive, and Henry, of Coombe Road, both Brighton, East Sussex, denied eight charges of misleading advertising but they were found guilty on all counts by the jury.

Their conviction appeals were allowed yesterday by Lord Justice Moore-Bick, Mr Justice Butterfield and Mr Justice Irwin.

No application was made for a re-trial.

Lord Justice Moore-Bick announced at the end of a hearing in London: “We have reached the conclusion that the convictions are unsafe.”

He said the court would give its reasons for its decision at a later date.

People affected at the time have reacted angrily to the news.

June Wilson, from Bournemouth, said: “I’m disgusted.

“ They sold a magical experience and what we got was a cheap and nasty disappointment.”

Nicky Cantello, from the New Forest, paid £90 for three tickets but the park closed before she was due to visit.

She said: “The Mears brothers left a lot of extremely upset children and a lot of adults being out of pocket.”