£5m cost of a bungled fraud trial
Reporter: RICHARD HOOTON
Date published: 13 January 2010
Prosecution was ‘abuse of process of court’ — judge
Oldham council taxpayers could be left footing a bill of £5 million or more after a bungled investigation and 17-week trial involving kitchen boss Vance Miller was thrown out of court by Judge Jonathon Foster QC, who ruled it had been “misconceived from the start”.
In a devastating judgement for Oldham Council, he said the prosecution was “an abuse of the process of the court” and that he could not rely on the evidence of Oldham Trading Standards (OTS) head Tony Allen, who masterminded the prosecution.
Mr Allen has been suspended by the council ahead of an independent review of the case.
The investigation cost up to £3 million, court costs were up to £2 million — a court hearing on February 11 will decide what the council should pay — and Mr Miller is considering suing, saying the case has been harmful to his business and reputation.
The 44-year-old said: “The fact of the matter is they owe me millions of pounds and have destroyed my reputation.
“I’m not a crook and I’m not a fraudster. I don’t want something for nothing, I want to be put back in the position I was before.”
The controversial business man, from Ramsbottom, was accused of passing off chipboard kitchens to customers as solid wood.
More than 130 police and Trading Standards officers raided his base at Maple Mill, Hathershaw in November, 2006 — described as “disproportionate and oppressive” by the judge.
Only one customer was interviewed before the raid and he conceded he had attempted to blackmail Mr Miller.
Three former salesman called by the prosecution said no attempt was made to encourage them to misrepresent the products — and turned out to be good witnesses for the defence.
And a £22,000 report written by a wood expert for the prosecution was not used because it revealed cabinets could reasonably be described as solid wood.
Co-defendants Nichola Brodie (33), from Ramsbottom, Sadiya Hussain (29), from Milnrow, and Alan Ford (45), from Ashton, were also cleared, with the judge saying they hardly featured in the case, save for performing their roles within the business.
Council chief executive Charlie Parker said: “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 Stewart Dobson, a lawyer and former acting chief executive of Birmingham City Council.
“Until the review is complete it would be wholly inappropriate for Oldham Council to make any further comment on this matter.”
