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.
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.
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.