Court of Appeal orders investigation into Balban juror

The court of appeal has ordered an investigation into the alleged bias of a juror against Gillian Balban, in a trial which ultimately saw her sentenced to seven and a half years in prison.

The investigation will be conducted by Karl Tonna, the Supreme Court registrar, in order to ensure impartiality.   

The appeal judges were of the view that both the RGP and the Director of Public Prosecutions were deeply involved in the original case against Balban and that it was therefore not appropriate for either to now lead this investigation on her behalf.

In March last year, Gillian Balban was found guilty of covering up a £2 million hole in the accounts of Natwest Bank, where she was a Senior Manager. In June this year, her lawyer requested a police investigation into one of the nine jurors who determined her guilt, as part of a wider application to the court, which Chief Justice Anthony Dudley rejected.

At the time, Mr Justice Dudley said the alleged connection between the juror and a witness was distant and inconsequential, and that it could not give rise to any real possibility of bias.

He accused Balban of asking the RGP to conduct a fishing expedition in the hope of uncovering material that would assist her, as he dismissed her request.

Today, however, the appeal judges have said that some flesh has started to appear on the bones of this appeal.

Balban’s team now allege multiple potential reasons for which this same juror might be considered biased, and, as the judge put it, the court could no longer dismiss the potential link between juror and witness. In the interest of justice, he said, these matters required further investigation.

However, while Balban had sought the police look into the matter, the Court of appeal has ruled, very unusually, that neither police nor crown counsel will be conducting the investigation, given their involvement in the original case against Balban. Supreme Court registrar, Karl Tonna, will instead lead, in order to ensure the investigation’s objectivity.

Mr Tonna will question the juror on their alleged relationship with witnesses, and potentially ask why they did not disclose personal links which the defence accuse them of having.

Cause, Balban claims, to have her conviction and sentence thrown out.

The appeal judges made clear that it is still not apparent whether the outcome of this application will help or hinder Balban’s wider appeal - but if that does go ahead, the answers obtained by the registrar will be heard in that process.