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.