THE man who masterminded a botched prosecution of kitchen trader Vance Miller has launched a passionate defence of his actions.

Tony Allen, who was suspended from his role as chief of Oldham Trading Standards after the prosecution case collapsed, says he is planning to seek a judicial review of the judge's ruling.

Mr Miller, 44, was cleared of conspiracy to defraud at his Oldham-based firm along with three of his colleagues after a lengthy legal battle which is thought to have already cost council taxpayers more than £3m.

Mr Allen came under fierce criticism from Judge Jonathan Foster who branded the prosecution 'misconceived from the start'.

After the case, town hall chief executive Charlie Parker suspended Mr Allen and ordered a review into the investigation,

The council has refused to comment until the probe is concluded.

But in an impassioned letter to the M.E.N., Mr Allen launches an explosive attack on barristers who presented the case and his own bosses.

Consumer fraud

He writes: "We failed not because of the efforts of the investigating team - which were extraordinary - but because of the fact that the courts don't take consumer fraud seriously and the council prosecutors failed to present the compelling case that it was."

Mr Allen brands the judge's ruling 'astonishing' and says the council 'should have appealed' against it.

He adds: "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 equally 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.

"Trading Standards teams have to be supported. 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 Vance Miller prosecution would be if, in the future, your Trading Standards (and other law enforcement officers) were forced to stand by."

At a costs hearing later this month the final figure the council will have to pay is expected to be decided.