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.
Council boss suspended
A TRADING standards boss who launched a botched legal case that left a council facing a £4m bill has been suspended.
The M.E.N. can reveal that Oldham Trading Standards head Tony Allen was suspended after fraud proceedings he led for the council against kitchens trader Vance Miller were thrown out of court.
Mr Miller, who had faced three counts of conspiracy to defraud, was accused of cheating customers by selling supposed high-quality kitchens made of chipboard and MDF.
But Judge Jonathan Foster QC threw out the case, which began in September last year, at Manchester Crown Court. He slammed trading standards for conducting ‘an investigation that was misconceived from the start’.
He found no evidence that Mr Miller had defrauded customers of his Oldham firm, Kitchens, and said he could not rely on Mr Allen’s evidence.
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 he dismissed them.
Council taxpayers in Oldham are now expected to be faced with a bill of around £4m for the fiasco.
The investigation alone, triggered by a 2006 raid on Mr Miller’s Cardwell Street mill complex, cost £2.1m. That figure is expected to rise dramatically once legal fees are added.
With Mr Miller and his three co defendants considering further action to recoup loss of earnings and loss to the business, costs could spiral even further.
Council chiefs refuse to say where that money will come from.
They are also refusing to reveal whether a senior member of staff suspended in the wake of the fiasco is Mr Allen.
But sources have confirmed he was suspended when it became clear the case was lost.
Mr Allen did not respond to attempts to contact him.
Mr Miller branded the case against him ‘a complete waste of money’ and claimed Mr Allen had launched ‘an unjust war’against him.
He said: “Tony Allen came to Oldham and needed to slay a dragon. He manufactured a dragon and that was me. I feel sorry for Oldham taxpayers. It’s been ridiculous that they should have to pay for the actions of one man – one man who was quite plainly wrong.
“He wanted to close down a company that could have provided a lot more jobs for Oldham residents and he has ended up costing them money.”
A spokesman for Burton Copeland solicitors, who advised Mr Miller, said they would sit down and look at their options in the near future.
Oldham council chief executive Charlie Parker said the authority was disappointed by the decision but would not appeal against it.
He said the council had appointed a lawyer to carry out a review and said a senior member of staff had been suspended without prejudice while the probe was carried out.
He added: “Until the review is complete, it would be wholly inappropriate for Oldham council to make any further comment on this matter.”
Jim McMahon, leader of the town’s opposition Labour party, said the people of Oldham would be horrified by the cost of the case.
He added: “They will demand answers and expect those involved to be held to account.”
Mr Miller’s co defendants, Nichola Brodie, 33, Sadiya Hussain, 29, and Alan Ford, 45, were also cleared.
Trading Standards lose against Kitchens
http://www.thesun.co.uk/sol/homepage/news/2804973/5m-kitchen-trial-collapses.html
A MILLIONAIRE tycoon nicknamed "The Kitchen Gangster" walked free from court today after a huge fraud trial dramatically collapsed — leaving taxpayers with a bill of £5million.
One of Britain's most senior trading standards officers was also suspended from his post after a judge condemned him over claims he deliberately targeted Vance Miller when customers complained about the quality of his kitchen units.
Miller, 44, had been arrested and charged with fraud in 2006 after 130 officers raided his factory in Oldham, Greater Manchester, whilst investigating allegations his kitchen supply firm was the most complained about in Britain.
It was alleged thousands of customers had grumbled to trading standards officials nationwide about the shoddy workmanship of kitchen units supplied by the father-of-one's company.
Heavy-handed
It was said Miller's company claimed to have 'real' and 'solid' wood kitchens at bargain prices — but instead fitted them with cheap chipwood and MDF products.
But Judge Jonathan Foster QC threw out fraud allegations against Miller who claimed Tony Allen, head of trading standards at Oldham, had wasted taxpayers money staging a "personal vendetta against him".
The trial was due to last six months and was hailed as the largest, most expensive fraud case ever brought by a Trading Standards authority in the UK, but collapsed in its 14th week.
Manchester Crown Court heard there were only 0.29 per cent of wood complaints to total sales and less than four per cent of total complaints to total sales.
In dismissing the case against Miller and three business colleagues, Judge Foster labelled the raids on Miller's mill as "heavy handed and over-zealous", saying: "The decision to investigate was not based on any reliable material.
"Tony Allen's initial desire to close the business down coloured his thinking thereafter. It led him to lose his objectivity so that he did not give a fair and balanced approach to the issues and the evidence in the case.
"Regrettably I find myself unable to rely on his evidence."
The judge added: "The whole process was unfair to Vance Miller, his business and the co-defendants who in my opinion were wrongly joined in these charges."
Flamboyant Miller who has a house in a cemetery in Ramsbottom, Lancs, has been exposed on a series of TV shows including Watchdog, Rogue Traders, Britain's Worst and a BBC2 series called Notorious.
In 2003 he was jailed for nine months for ignoring a tough court order — the first imposed of its kind — which banned him from selling shoddy goods on "unfair" contracts.
But despite his notoriety Miller's business called Kitchens, based in Maple Mill, turns over £50m a year and is one of the largest kitchen retailers in the UK, alongside B&Q, Magnet and MFI, selling 400 kitchens a week.
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."
As I said from day one – This had nothing to do with my Kitchens
After years of explaining to people that this case against me by the Trading Standards was nothing more than a which hunt, finally the truth comes out. These people dragged my name through the mud; at the expense of the taxpayer and my business. Yet it has now become crystal clear that it is these very people who abused their positions of power to influence public opinion and the media, to portray me as one of the worst traders in the UK, even though the facts state that my business has quite possibly one of the best records in the Kitchen industry.
Through the results of his misguided actions, Tony Allen the Head of trading Standards has been suspended, as he admitted that it was his 'desire' to close my company down, contradicting his earlier evidence. And who is now going to pay for Tony Allen's 'desire'? that’s right, me and you, the taxpayers!
Tony Allen came to Oldham and needed to slay a dragon. He manufactured a dragon and that was me. It’s been ridiculous that they should have to pay for the actions of one man – one man who was quite plainly wrong.
The Manchester Evening News reports:
A TRADING standards boss who launched a botched legal case that left a council facing a £4m bill has been suspended.
The M.E.N. can reveal that Oldham Trading Standards head Tony Allen was suspended after fraud proceedings he led for the council against kitchens trader Vance Miller were thrown out of court.
Mr Miller, who had faced three counts of conspiracy to defraud, was accused of cheating customers by selling supposed high-quality kitchens made of chipboard and MDF.
But Judge Jonathan Foster QC threw out the case, which began in September last year, at Manchester Crown Court. He slammed trading standards for conducting ‘an investigation that was misconceived from the start’.
He found no evidence that Mr Miller had defrauded customers of his Oldham firm, Kitchens, and said he could not rely on Mr Allen’s evidence.
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 he dismissed them.
Council taxpayers in Oldham are now expected to be faced with a bill of around £4m for the fiasco.
The investigation alone, triggered by a 2006 raid on Mr Miller’s Cardwell Street mill complex, cost £2.1m. That figure is expected to rise dramatically once legal fees are added.
With Mr Miller and his three co defendants considering further action to recoup loss of earnings and loss to the business, costs could spiral even further.
Council chiefs refuse to say where that money will come from.
They are also refusing to reveal whether a senior member of staff suspended in the wake of the fiasco is Mr Allen.
But sources have confirmed he was suspended when it became clear the case was lost.
Mr Allen did not respond to attempts to contact him.
Mr Miller branded the case against him ‘a complete waste of money’ and claimed Mr Allen had launched ‘an unjust war’against him.
He said: “Tony Allen came to Oldham and needed to slay a dragon. He manufactured a dragon and that was me. I feel sorry for Oldham taxpayers. It’s been ridiculous that they should have to pay for the actions of one man – one man who was quite plainly wrong.
“He wanted to close down a company that could have provided a lot more jobs for Oldham residents and he has ended up costing them money.”
A spokesman for Burton Copeland solicitors, who advised Mr Miller, said they would sit down and look at their options in the near future.
Oldham council chief executive Charlie Parker said the authority was disappointed by the decision but would not appeal against it.
He said the council had appointed a lawyer to carry out a review and said a senior member of staff had been suspended without prejudice while the probe was carried out.
He added: “Until the review is complete, it would be wholly inappropriate for Oldham council to make any further comment on this matter.”
Jim McMahon, leader of the town’s opposition Labour party, said the people of Oldham would be horrified by the cost of the case.
He added: “They will demand answers and expect those involved to be held to account.”
Mr Miller’s co defendants, Nichola Brodie, 33, Sadiya Hussain, 29, and Alan Ford, 45, were also cleared.