Millergate: Don’t put blame on me

FIGHTING back . . . the suspended head of Oldham Trading Standards, Tony Allen

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.