The Australian Securities & Investments Commission published an update on criminal charges brought against former directors of Capital Mining Limited, noting that the matters were discontinued in the District Court of Western Australia and that no further proceedings have yet been filed in New South Wales. Peter James Dykes and Peter Alan Torney appeared in the Perth Magistrates Court on 25 February 2022, each charged with dishonestly using their position as directors, and Anthony John Dunlop appeared on 8 April 2022 charged with four offences of dishonestly using his position as a director. The prosecutions were discontinued on 1 November 2024 pursuant to section 87 of the Criminal Procedure Act 2004 (WA); while the Commonwealth Director of Public Prosecutions indicated an intention to file an ex officio indictment in New South Wales, ASIC reports no such proceedings have been filed and the matters remain under consideration by the CDPP.
Australian Securities & Investments Commission 2025-02-06
Australian Securities & Investments Commission says CDPP has not filed a New South Wales indictment after Western Australia charges against Capital Mining directors were discontinued
The Australian Securities & Investments Commission announced that criminal charges against former directors of Capital Mining Limited were discontinued in the District Court of Western Australia. Peter James Dykes, Peter Alan Torney, and Anthony John Dunlop faced charges of dishonestly using their positions as directors. The prosecutions were halted on 1 November 2024 under section 87 of the Criminal Procedure Act 2004 (WA). Although the Commonwealth Director of Public Prosecutions plans to file an ex officio indictment in New South Wales, no proceedings have been filed, and the cases remain under review by the CDPP.