Capital Mining Limited Directors' Charges Discontinued
Summary
The Office of the Director of Public Prosecutions (Cth) has discontinued charges against former Capital Mining Limited directors Peter Dykes, Anthony Dunlop, and Peter Torney. ASIC considers the matter finalised following this decision.
What changed
The Office of the Director of Public Prosecutions (Cth) has formally discontinued all charges previously laid in 2022 against former Capital Mining Limited directors Peter Dykes, Anthony Dunlop, and Peter Torney. The discontinuation, which occurred on November 1, 2024, pursuant to section 87 of the Criminal Procedure Act 2004 (WA), followed advice that charges would not be pursued in another jurisdiction. ASIC has now deemed the matter finalised.
This development signifies the closure of ASIC's investigation and subsequent legal proceedings against these individuals. Regulated entities, particularly those in the public company sector, should note that charges related to alleged dishonesty offences have been dropped. No further action is required from compliance officers as the matter is considered concluded by the relevant authorities.
Source document (simplified)
Print Share The Office of the Director of Public Prosecutions (Cth) (CDPP) has determined that it will not proceed with charges arising from ASIC’s investigation into Capital Mining Limited.
Charges were laid in 2022 in Western Australia against former Capital Mining Limited directors Peter Dykes, Anthony Dunlop and Peter Torney but were discontinued on 1 November 2024 pursuant to section 87 of the Criminal Procedure Act 2004 (WA).
At that time, the CDPP submitted that there was an intention to file an ex officio indictment, for this matter, in NSW. The CDPP has now advised ASIC that it will not proceed with charges in another jurisdiction.
Following this advice from the CDPP, ASIC considers the matter finalised.
Background
Further background to these matters is set out in ASIC media releases 22-086MR and 22-032MR.
Further background on the discontinuation of charges in Western Australia is set out in ASIC media release 25-008MR.
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