CPIA Disclosure - News item

Kitchen boss fraud case thrown out, estimated cost £2.1m

Background to the case

1. Vance Miller, Nicola Brodie, Sadiya Hussein and Alan Ford were charged with conspiracy to defraud between 2001 and 2006 arising from the sale of kitchens. The central allegation was that representations were made that kitchens were made of real or solid wood when they were not.

2. The trial commenced in September 2009 and initially, the Defendants submitted an abuse of process argument. The Judge rejected this application. The trial then lasted 13 weeks and included evidence from 30 civilian witnesses and a number of Trading Standards Officers.

3. At the conclusion of the prosecution case, the Defendants submitted another abuse of process argument.

The Judge concluded that the proceedings should not continue as a result of his following decision:

  • (a) “The investigation was flawed from the start by the Head of Trading Standards’ unsubstantiated belief that complaints were increasing and Vance Miller’s businesses should be closed down.
  • (b) That belief continued throughout the investigation and compromised his objectivity.
  • (c) The raid was oppressive.
  • (d) Oldham Trading Standards failed to analyse the material available to them.
  • (e) Disclosure of unused material was late and incomplete compromising the integrity of the case and depriving the defence the opportunity to consider the overall complexion of the evidence against them.
  • (f) The whole process was unfair to Vance Miller, his business and the Co Defendants.
  • (g) On the balance of probabilities the defence have established that they cannot receive a fair trial and that it would be unfair to try them further”.

4. The Judge also concluded that there was no case to answer on the charges primarily as the proportion of complaints to sales was inconsistent with a concerted course of conduct. He also outlined the findings of abuse which impinged on this matter.

5. Accordingly, the Defendants were acquitted of the charges. The cost application is proceeding through the courts.

6. A member of staff was suspended under the council’s disciplinary process, on Friday 8 January 2010, following the judges’ detailed draft ruling.

Reference: Oldham Council Case review and report

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