“Biggest ever” trading standards prosecution collapses in court

The country's largest ever trading standards prosecution was thrown out of court this week, leaving Oldham Council with a bill of up to £4m.

The case against Vance Miller, a fitted kitchen supplier whom trading standards officers accused of passing off chipboard units as solid wood, was dismissed on Tuesday at Manchester Crown Court by judge Jonathan Foster QC who ruled that Oldham council, which brought the prosecution, had “abused the process of court”. Charges against Mr Miller's co defendants, Nichola Brodie, Sadiya Hussain and Alan Ford were also dismissed .

The case followed a raid on Miller's offices by trading standards officers in 2006, backed up by 130 police officers. However, the judge said that the prosecution was “misconceived” and not based on reliable evidence and described the raid on Miller's premises as “disproportionate and oppressive”, the Manchester Evening News reported.

In particular, the judge pointed to the use of a prosecution witness who had attempted to blackmail Mr Miller and buy his business for £1 and the suppression of an expert witness report commissioned by the council which concluded that Mr Miller's cabinets “could reasonably be described as solid wood”. He also said that he was “unable to rely” on the evidence of Oldham's head of trading standards, Tony Allen, whose “initial desire to close the business down coloured his thinking...and led him to lose his objectivity”.

The judge said: “The whole process was unfair to Vance Miller, his business and the co-defendants. The process is an abuse of the procedures of court. Oldham Trading Standards were overwhelmed by the volume of material they recovered. In those circumstances it was unsurprising that the process of disclosure was inadequate.”

Oldham Council has said that it will not appeal and has brought in Stewart Dobson, a lawyer and former acting chief executive of Birmingham City Council, to lead a review of the case.

Charlie Parker, Oldham Council's chief executive, 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 worked with a significant number of other local authorities from across the country to bring this case to court. I can also confirm that a senior member of staff has been suspended - without prejudice - pending the outcome of Mr Dobson's findings. Until the review is complete it would be wholly inappropriate for Oldham Council to make any further comment on this matter.”