KITCHENS businessman Vance Miller has been cleared of fraud after the case against him was sensationally thrown out of court.

The controversial trader, 44, had been defending himself against allegations his Oldham firm had duped customers.

But Judge Jonathan Foster QC ruled at Manchester Crown Court today that Oldham council, who brought the prosecution, had 'abused the process of court' and brought an abrupt end to proceedings.

He slammed the authority for bringing forward a case that was 'misconceived from the start' and added that he was 'unable to rely' on the evidence of trading standards boss Tony Allen, who masterminded the prosecution.

Mr Miller, from Ramsbottom, had been accused with passing off chipboard kitchens to customers as 'solid wood' at his company Kitchens.

The investigation and legal proceedings are thought to have cost Oldham Council around £4m.

The case was triggered by a trading standards raid in 2006 when, backed by 130 police officers, officials swooped on Mr Miller's vast mill complex on Cardwell Street.

They gathered thousands of pieces of evidence.

Oppressive

But the Judge described the raid as 'disproportionate and oppressive' and said the decision to investigate 'was not based on any reliable material'.

Oldham council has launched its own inquiry into the investigation and suspended a “senior member of staff”. They refused to name the employee.

Speaking after the case Mr Miller said he was 'relieved it was finally over'.

He added: “For years I have been portrayed as a dishonest businessman and I'm just glad that everyone knows the truth.”

Beginning in September the doomed trial lasted 17 weeks.

During the case the court heard how one prosecution witness, a disgruntled customer, had attempted to blackmail Mr Miller and buy his business for £1.

It also emerged that the findings of a report written by a wood expert, drafted in by trading standards at a cost of £22,000, were not used because it revealed Mr Miller's cabinets 'could reasonably be described as solid wood'.

Unfair

Before standing down the jury, Judge Foster 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.”

He added “The investigation was misconceived from the start and Oldham Tradings Standards were overwhelmed by the volume of material they recovered.

“In those circumstances it was unsurprising that the process of disclosure was inadequate.”

He finished: “Whatever Mr Miller may have done, and I make no adverse assertions, we shall never know.”

Mr Miller's co defendants, Nichola Brodie, 33, Sadiya Hussain, 29, and Alan Ford, 45, were also cleared.

Charlie Parker, Oldham Council’s Chief Executive, said: “We worked with a significant number of other local authorities from across the country to bring this case to court.

Ground-breaking

“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 Mr Stewart Dobson, a lawyer and former acting Chief Executive of Birmingham City Council. 

“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.”