No case to answer, ruled judge
No case to answer, ruled judge
Mr Miller, 44, has previously faced criminal charges for his business operations and other matters. He also lost £800,000 when his uninsured property, Great Mans-head, off Blue Ball Road, was torched in 2006.
He was defending himself against allegations that his Oldham firm duped customers by passing off chipboard as solid wood.
But Judge Foster ruled the case was an abuse of process, there was no case to answer and criticised Oldham Trading Standards.
He said the 2006 decision to investigate was not based on any reliable material.
"Prior to the raid only one customer was interviewed," said Judge Foster.
"However, there remain a core of complainants who could be properly described as being misled by advertisements."
Judge Foster's finding of fact ruled the investigation was flawed, Oldham Trad-ing Standards (OTS) failed to analyse material available and the raid was oppressive and unfair. He also said there was no evidence of defraud for gain nor of a concerted dishonest action.
"Some may think this trial has been a waste of money. I consider the trial process has been vindicated.
"It was only by the examination of the detail that the facts emerged," said Judge Foster. "OTS embarked upon and continued an inherently weak and misconceived prosecution."
Co-defendants Nichola Brodie, 33, Sadiya Hussain, 29, and Alan Ford, 45, were also cleared.
Charlie Parker, Oldham Council's chief executive, said: "We are disappointed by the decision but this was an extremely complex and groundbreaking case.
"We have decided not to appeal and are now establishing a review."
Judge Slams trading standards
http://www.lgcplus.com/news/council-news/judge-slams-trading-standards-probe/5010380.article
A crown court judge has criticised trading standards for a “flawed” court prosecution against a Lancashire businessman, which could cost the taxpayer millions.
The anti-fraud operation by Oldham Borough Council’s trading standards department is understood to be the largest undertaken by trading standards officers in Britain.
Vance Miller, 44, who ran a multimillion-pound company, was accused of cheating customers by selling them supposed high-quality kitchens made of chipboard and medium-density fibreboard.
Judge Jonathan Foster QC threw the case out at Manchester Crown Court, saying the investigation carried out by the trading standards department, which was led by Tony Allen, had been “misconceived” from the start.
Mr Allen is understood to have been suspended from his job as a result of the case.
Mr Miller, from Ramsbottom, Lancashire, was charged with conspiracy to defraud, alongside his colleagues Nichola Brodie, 33, from Ramsbottom, Sadiya Hussain, 29, of Milnrow, and Alan Ford, 45, from Ashton-Under-Lyne.
A series of errors which were committed by the borough council meant that the defendants could not receive a fair trial, Judge Foster told the court.
The trading standards department boss admitted that it was his “desire” to close the company down, and this contradicted his earlier evidence given in the case, said the judge.
“Mr Allen’s initial desire to close the business down coloured his thinking thereafter. It led him to lose his objectivity,” Judge Foster told the jurors before he dismissed them.
Oldham suspends trading standards chief
Oldham suspends trading standards chief after kitchen case collapses
Oldham's chief trading standards officer was suspended today after a judge threw out a fraud case against kitchen entrepreneur Vance Miller.
Miller, who ran a number of kitchen companies called Discount Kitchens Direct, Forever Kitchens and Rock Solid Kitchens from a mill on Cardwell Street, was accused of conspiracy to commit fraud and making false representations.
But Judge Jonathan Foster QC threw out the charges against Miller and three co-accused, saying the case was "misconceived from the start".
Oldham Metropolitan Borough Council, which was left with a £4m bill for costs, suspended its head of trading standards Tony Allen, whom the judge said was an unreliable witness.
The council sought to show that Miller had passed off material as sold wood when it was in fact chipboard, but the court was told that materials had not been analysed properly.
The trading standards investigation began after hundreds of customers complained about the materials used.
Charlie Parker, Oldham council's chief executive, said the local authority was disappointed by the judge's decision but added that there would be no appeal.
The council has appointed Stewart Dobson, aformer acting chief executive of Birmingham City Council, to review the case.
Parker added: "“I can also confirm that a senior member of staff has been suspended – without prejudice – pending the outcome of Mr Dobson's findings.
“Until the review is complete it would be wholly inappropriate for Oldham Council to make any further comment on this matter.”
Miller, who defended himself in court but had his case prepared by Manchester-based solicitors Burton Copeland, said he was not surprised by the outcome.
Vance Miller cleared of defrauding customers
http://news.bbc.co.uk/1/hi/england/manchester/8454361.stm
A senior council official has been suspended after a "flawed" case against the boss of a multimillion-pound kitchen firm was thrown out of court.
Oldham Council's trading standards department faces a £4m bill after a judge at Manchester Crown Court dropped all charges against Vance Miller.
The Ramsbottom businessman was cleared of conspiracy to commit fraud and making false representation.
Judge Jonathan Foster said the case was "flawed from the start".
The inquiry, which the council has claimed to be the the biggest ever by a trading standards department, was "over-zealous, oppressive" and many materials used in his kitchens were not analysed properly, he told the court.
'Witch hunt'
He also heavily criticised the head of trading standards, Tony Allen, for being an unreliable witness.
At one point he could not locate e-mails that were valuable to the case because he had recycled his computer and they had disappeared.
Oldham Council has confirmed a senior council official has been suspended but refused to confirm who it was.
Since 2006, trading standards raided Mr Miller's business three times, with more than 200 officers seizing goods and thousands of documents.
Mr Miller, who defended himself through his 16-week trial, said he was going to sue the local authority after losing millions of pounds in business and added he was not surprised by the verdict.
He said it was a "justified wait".
"Oldham trading standards brought this prosecution and all the wrongdoings proved in this trial should be laid at their door.
"There were no dirty goings on during the trial, all the dirty dealings were done before this trial started.
"To destroy the lives of many without any proof that would stand in court is what could be described as a witch hunt."
No appeal
The local authority's case focused on Mr Miller's kitchen business which went under a number of names, including Rock Solid Kitchens and Forever Kitchens.
Hundreds of customers had complained to trading standards, claiming their kitchens were sub-standard and cheap materials like MDF wood had been used.
However, despite the council spending more than £3m on one of its biggest operations, the authority's case was described as "inconceivable" by Judge Foster.
Charlie Parker, Oldham Council's chief executive, said: "We worked with a significant number of other local authorities from across the country to bring this case to court.
"We are disappointed by the judge's decision, but this was an extremely complex and ground-breaking case which was always going to be challenging.
"We have decided not to appeal and are now establishing a thorough and independent review.
"This will be led by Mr Stewart Dobson, a lawyer and former acting chief executive of Birmingham City Council.
"I can also confirm that a senior member of staff has been suspended - without prejudice - pending the outcome of Mr Dobson's findings."
Judge criticises trading standards boss Tony Allen
Vance Miller, 44, who ran a multi-million pound company, was accused of cheating customers by selling them supposedly high quality kitchens which were in fact made of chipboard and MDF.
But Judge Jonathan Foster QC threw the case against him out of court yesterday, saying it was “not based on any reliable material” but was instead driven by a personal desire to close Mr Miller’s business.
The prosecution was brought by Oldham Borough Council's trading standard's department, led by Tony Allen, following a counterfraud operation believed to the largest undertaken by trading standards officers in Britain.
Thousands of hours were spent interviewing more than 3,000 of Mr Miller's customers after 130 officers raided his business premises and home in November 2006, and 270,000 pages of documents were seized.
Mr Miller, from Ramsbottom, Lancashire, was charged with conspiracy to defraud following the investigation, alongside three colleagues.
But a catalogue of errors by the council meant the defendants could not receive a fair trial, the judge said at Manchester Crown Court.
Trading standards failed to carry out a single test purchase before the raid and only took one witness statement from a customer who lied about the amount he spent on the kitchen, inflating it by £10,000.
An expert paid by trading standards to evaluate the case also concluded that the kitchen descriptions were "reasonable", the court heard.
The trading standards boss admitted in court it was his "desire" to close the company down, contradicting his earlier evidence, Judge Foster said.
"The investigation was flawed from the start. Mr Allen's initial desire to close the business down coloured his thinking thereafter. It led him to lose his objectivity," he told the jurors before dismissing them.
Speaking outside court, Mr Miller said the council had tried to destroy his reputation. “The total cost has been £5 million, all to be paid by the public, us the people. There have been relentless disruptions and it is time it stopped,” he said.
A spokesman for Oldham Council said it had decided not to appeal against the judge’s decision and confirmed that a senior member of staff has been suspended pending the outcome of an independent inquiry into the case.