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Millergate: Don’t put blame on me
Reporter: Richard Hooton
Date online: 02 February 2010
THE suspended head of Oldham Trading Standards has hit back at criticism over the bungled Vance Miller kitchen fraud trial and is privately seeking a judicial review.
Tony Allen has broken his silence to insist he was 100 per cent correct in investigating the case, it remains the right decision to prosecute and Oldham Council should have appealed the court’s decision.
He also fuelled the fire in the debate on who took the decision to prosecute by confirming that people above him made the call.
The investigation into the kitchens boss and 17-week trial was sensationally thrown out of court after Judge Jonathan Foster QC said it was “misconceived from the start” and “an abuse of the process of the court” — leaving taxpayers facing a £5 million bill.
The judge was scathing in his criticism of Mr Allen, saying he could not rely on his evidence, and blasted numerous errors in the investigation.
He said his desire to close the business down coloured his thinking and led him to lose his objectivity, and that Mr Allen made misrepresentations, had no notes from important meetings and there was contradiction in his evidence.
Mr Allen was suspended by the council ahead of an independent review of the case, to be conducted by lawyer Stewart Dobson.
But Mr Allen told the Chronicle: “Oldham Council should have appealed, but hasn’t, and I am now in the process of privately trying to seek a judicial review of Judge Foster’s ruling as his comments about me were groundless.
“I stand 100 per cent behind the decision that I made to investigate this case even with the benefit of hindsight.
“It was based on sound professional judgement of the available facts, independent legal advice and consultation with partners, senior officers and members at the time.
“It was the right decision then and remains the right decision today.
“The decision to prosecute was made by others much more senior than I, but I supported it and that too was the right decision. The case clearly met the evidential and public interest tests necessary to found charges.
“We failed not because of the efforts of the investigating team — which were extraordinary — but because of the fact that the courts do not take allegations of consumer fraud seriously and the council prosecutors did not present the compelling case that it was.
“Oldhamers have a Trading Standards Team they can be truly proud of.
“In the Vance Miller investigation, we focused on achieving justice.
“Any action comes with risk, but consider the risks of inaction.
“The very worst outcome of any review or inquiry into whatever happened in the Miller prosecution would be if, in the future, your Trading Standards, and other law enforcement officers, were forced to stand by.” Oldham’s three MPs have already called for the district auditor to investigate the prosecution saying they don’t feel the review already set up will be truly independent. They are demanding to know who took the decision to prosecute.
Comments
Well done Mr. Allen, thank you for placing on public record your views and having the guts to do it ahead of more senior civic figures. I good manager will always support his team, and it is very clear that you support your team 100%.
In circs like this there is always a scapegoat and unfortunately for Mr.Allen on this occasion, it appears to be him. Evidence gathering is the name of the game in court & if press reports are correct then it would appear that they were lacking here. If it isn't written down then it did not happen. Interesting !
Stunning! It just shows what little respect this man has for ratepayers money. Not content with squandering millions of pounds he wants to waste more in pursuit of an appeal to massage his ego.
Never again should this deluded man be allowed to hold responsible public office. He appears to have learned nothing from this debacle.
Tony, I have no doubt that you weren't the sole decision maker in the case, but you clearly need to should a large propotion of the blame for the failure of the prosection :-
* Evidence wiped from a computer -no back up data kept.
* Missing evidence found in a cupboard.
* Camera's with flat batteries.
* No notes from important meeting.
* Contradictory evidence.
* Blatently ignoring expert advice.
So come on Tony be a big boy and take it on the chin and apologise to the people of Oldham
Is it time for the "other amigos" to fall on the sword?
Don't hold your breath Oldham electorate, it may never happen!
That’s very brave of you Mr Allen.
Having gone this far why don’t you name names let us all know who is to blame
Well at least mr allen has put his side now what about those imaginary or not officials name them! So we can have them removed from the gravy bowl....
Just get rid of everyone invloved in this fiasco.
Why waste more more with reviews and enquiries, then no doubt reviews on the reviews. When will all the beurocratic paper shuffling and blame shifting stop.
Money is better spent on real things that the people of Oldham will benefit from.
So the cats out of the bag. Tony Allen says senior officers and members decided to prosecute. What's the betting the people responsible are not named till after the local and General Elections. How very convenient for Councillor Alcock and his parliamentary ambitions. Simple question to Charlie Parker, Howard Sykes and Mark Alcock did you agree to prosecute Miller YES or NO? Time to come clean you three or better still fall on your swords.
Just get rid of everyone invloved in this fiasco.
Why waste more more with reviews and enquiries, then no doubt reviews on the reviews. When will all the beurocratic paper shuffling and blame shifting stop.
Money is better spent on real things that the people of Oldham will benefit from.
Just get rid of everyone invloved in this fiasco.
Why waste more more with reviews and enquiries, then no doubt reviews on the reviews. When will all the beurocratic paper shuffling and blame shifting stop.
Money is better spent on real things that the people of Oldham will benefit from.
I see Vance Miller features in a ROGUE TRADERS special on BBC1 Wednesday Feb 10 (8.00 p.m.). The Radio Times refers to Mr. Miller as "the kitchen conman". Do the BBC know something the Judge didn't?
I have to wonder if Tony Allen should be speaking to the press regarding this matter seeing as he's currently suspended pending an investigation. Surely speaking out would put him in breach of his employment terms?
Charlie Prker said Oldham Council would make no comment. Tony Allen is suspended on full pay so still is the part of the Council. What will Parker and Sykes now do, because surely Tony Allen going public will prejudice Charlie's 'independent' inquiry?
Tony Allen is trying to save his career here, but he hasn't gone far enough in implicating anyone else, and he hasn't been able to rebutt the criticisms of the judge or explain the fundamental errors he made.
Spoke to an Oldham Council spin doctor today. He didn't know who decided to prosecute or when, but knew that this decision was not made by Cabinet, or who decided to suspend Tony Allen. He did suggest that criticism by the judge was the reason for suspension, but also stated that the purpose of the 'iinquiry was to find out what went on.
He couldn't answer how TA could be suspended without an enquiry, or explain why only Tony Allen had been singled out.
This is going to be a cover up job.
It is time for us Oldhamers to stand up and force this issue to be legally investigated. The top echelon at the Council has to be held to account and made to pay for this disgraceful mismanagement.
Parker has to go, Sykes has to go, Alcock has to go.
Suspended!! what is he doing going to the press, surely this breaches his suspension keep quiet
I think that this is Tony Allen trying to defend himself in what quite clearly was a blind attempt to catapult himself into the limelight. Well it worked but probably not how he hoped. He is the one that gives the media their stories and he wanted to be a famous enforcer. Hard luck Tony you Egotist.
I cannot take this man for a sane man.Every one is wrong except him and his carry on trading standards team.A misconcieved investigation from the start said the judge that was unfair to mr miller was oppressive overzelous dissproporionate and based on no evidence.This was not the first case brought by mr allen against vance miller to be thrown out of court for being flawed.Stop throwing our money away on your personal vendettas mr allen and leave vance miller alone. how many people do you employ
Well done Mr Allen, why not waste even more money trying to prove that you are right and the law is wrong. Why don't you just admit that you haven't got a clue and disappear quietly before you make an even bigger fool of yourself.
How strange that someone has read whats on tv a week on wednesday.What kind of person would read the radio times that intencely.Come on mr.allen we know that this is part of your media stratergy so that every one will watch this and say that you were right.I ALSO KNOW that you were part of the making of this rogue trader episode.Whilst mr miller was on trial you set up with rogue traders a kitchen purchase that had missing bits.How on earth can you blame mr miller for missing bits when on trial.
I dont know how many comments i an make but heres another.During the trial whilst under cross examintion from mr miler Daniel moore from oldham trading standards said that Tony allen could manipulate the press better than any person he had ever met.This is what he has done for years against vance miller and hes still at it now with his broken silence so that he can get this article out and then drop the blog oh i notice vance miller is on rogue traders a week on wednesday.Come on tony games up.
One more perhaps ill push my luck.tony allens recent words on his botched millergate fiasco sounds to me that hes just finished watching Tony Blair give his ridiculous answers to the iraq enquiry. Its nearly words for word.I stand by my decision and would do it all again.It was based on sound advise.It was the right desision then and remains the right decision today.I think that mr allen has been watching to much tv during his suspension.Why did someone not suspend tony blair charlie parker
It seems strange that given Mr. Allen's position, & that he must have gathered evidence for court cases before, that he doesn't seem to understand the requirement for accurate documentation and the continuity of evidence. Missing evidence found in a cupboard? Does he not have secure storage for evidence, to prevent loss, theft or tampering? If the CPS advised against a prosecution, why does he, with less knowledge, training etc still think it was right to prosecute? Sounds like incomptence to me
Come on Tony, step up and admit you were in the wrong, throughout this case you have been employing people to take the blame on the chance it did go tits up and now you have no one else to blame you decide to point fingers again, put down the big mac, stand up and take it like a man
how could he say he was %100 right to take Mr Miller to court, in court when asked what he based the case on he said it was "a sudden rise in complaints" but yet when asked he had no idea how many complaints Mr. Millers company had actually recieved, i beleive this was either a personal vendeta against Mr. Miller or he was getting a nice pay off from some company directors for major kitchen firms, i'm not mentiong names but i think we all know who!
reading the comments already submitted I feel that Vance Miller has more supporters than Tony Allen, which makes me think that people in Oldham have lost confidence in the Council leaders (if they ever had any in the first place).It will be interesting to see what happens at local election time!!!!!
Tony, you're not to blame,no-one is. Vance Miller fought his case and proved to the public that he's trading according to the law...its just a shame that we the taxpayer have to pay for your personal vendetta against him.
There were only two ways the Millergate scandal could go. Either the political and managerial leadership of the council were inept in risk management or fully consented to the prosecution and are now being less than truthful? Either way millergate will continue like a cancer to eat towards Howard Sykes, Charle Parker and Mark Alcock. There needs to be a full frank public inquirey to establish whether thie was ineptitude or dishonesty and to reassure a bemused public.
In their Radio Times trail for Rogue Traders on Wednesday 10th Feb, how can the BBC describe Vance Miller as a kitchen conman when he has been cleared of those charges in the High Court? Is this a case of Contmpt Of Court that Miller should follow up?
Pambuy
What an arrogant little pigsqueak this Tony Allen is! 100% right to prosecute? How on earth can he say that after it being proved in court that this company had an actual low record of complaints against them? After being told by his own expert that the company did use solid wood? The judge stated the decision to investigate, never mind prosecute, was not based on any reliable material and other Trading Standard Officers agreed there had been no rise in complaints before the raid took place.
I'm pretty sure that not so long ago Tiny Tony was stating publicly that the decision to prosecute was his alone, looks like a few weeks of being left out to dry by his conspirators has loosened his tongue somewhat! Whether it was a career jump or a fee for freeing up the land the Mill sits on this odious little man spent millions of pounds of our money harrassing an innocent man and his staff and his explanations change by the day. Get him out of Oldham and into prison now!!
TONY ALLEN Did you and Tony Blair go to the same spin school ? because your following the same tactics he does to get out of cock ups like this.
Your correspondent Smart, among his many comment says...
"How strange that someone has read whats on tv a week on wednesday. What kind of person would read the radio times that intencely."
I would expect that most RT readers scan the magazine closely, otherwise why would they buy it? Maybe you're not so Smart.
Have Your Say
thank you mr Allen! at least you had the decency to come forward and tell you side of the story!
unlike the "others" you mention above you.
By fedupoldhamer @ 02/02/2010 12:42:29