A FORMER Border childcare operator continues to fight her conviction for running a bogus benefit scheme, years after the scam.
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Melissa Jade Higgins has appealed her conviction following claims a juror made racist and derogatory comments during her 2016 trial.
The Albury woman was found guilty of fraud and dealing with the proceeds of crime but argues there was a miscarriage of justice needing a retrial.
The scam, which involved wrongly claiming $3.6 million in government benefits through her daycare business, resulted in a minimum jail term of four years.
One of the jurors emailed the Sheriff the day after the verdict was handed down and asked for a mistrial to be declared.
They said two jurors did not have their doubts and objections addressed, with anecdotal evidence that one or more jurors spoke of her in racist and derogatory terms.
Two of the appeal grounds were recently dismissed in the Supreme Court, but the justices ordered the matter undergo further investigation by the Sheriff.
