On 25 February 2022, Peter James Dykes and Peter Alan Torney, former directors of previously ASX-listed Capital Mining Limited, appeared in the Perth Magistrates Court, each charged with dishonestly using their position as directors.
Following an ASIC investigation into Capital Mining’s activities, it is alleged Mr Dykes and Mr Torney, when directors of Capital Mining, contravened directors’ duties by co-authorising payments from Capital Mining to related companies Poipu Bay Pty Ltd, Coolabah Capital Pty Ltd, Tenceecee Pty Ltd and Bellring Pty Ltd which caused a financial detriment to Capital Mining.
Mr Dykes allegedly dishonestly used his position as a director of Capital Mining on thirteen occasions, between October 2015 and April 2016, resulting in himself or others gaining an advantage to the value of $1,641,325.
Mr Torney allegedly dishonestly used his position as a director of Capital Mining on nine occasions, between October 2015 and April 2016, resulting in himself or others gaining an advantage to the value of $1,005,325.
The matter was adjourned until 18 March 2022.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions. ASIC’s investigation is ongoing.
Background
Capital Mining, incorporated in April 2003, was an ASX-listed company based in Perth which was engaged in the exploration for deposits of gold, base metals, platinum, nickel, uranium and other rare metals in Australia and Ireland.
Capital Mining was removed from the official list of ASX Limited effective 7 December 2018.
A director commits an offence under the Corporations Act if they are reckless or dishonest. Mr Dykes was charged with thirteen counts of contravening s184 of the Act while Mr Torney was charged with nine counts of contravening s184 of the Act.
At the time of the alleged offending, the maximum penalty for a breach of s184 of the Act is 2000 penalty units or imprisonment for five years, or both.
Editor's note 1:
The matter was mentioned in Perth Magistrates Court on 18 March 2022 and was adjourned to 15 July 2022. The Court set various bail conditions for Mr Dykes and Mr Torney.
Editor's note 2:
The matter was mentioned in Perth Magistrates Court on 15 July 2022 and was adjourned to 16 September 2022. Bail was renewed on the same terms.
Editor's note 3:
On 16 September 2022, the matter was adjourned until 28 October 2022.
Editor's note 4:
The matter has been adjourned to 9 December 2022.
Editor's note 5:
The matter has been adjourned to 21 April 2023.
Editor's note 6:
On 21 April 2023, the matter was adjourned until 9 June 2023.
Editor's note 7:
The matter has been adjourned to 18 August 2023.
Editor’s note 8:
On 13 October 2023, the matter was mentioned in the Perth Magistrates Court. Not guilty pleas were entered by Peter James Dykes and Peter Alan Torney. The matter is now adjourned to 19 January 2024, in the District Court of Western Australia, for a trial listing hearing.
Editor's note 9:
On 19 January 2024, the matter was adjourned to 23 February 2024.
Editor's note 10:
On 23 February 2024, the matter was adjourned to 5 April 2024.
Editor's note 11:
On 5 April 2024, the matter was adjourned to 3 May 2024.
Editor's note 12:
On 3 May 2024, the matter was adjourned to 28 June 2024.
Editor’s note 13:
On 28 June 2024, the matter was adjourned to 6 September 2024.
Editor’s note 14:
On 6 September 2024, the matter was adjourned to 1 November 2024.
Editor’s note 15:
On 1 November 2024, the matters were discontinued in the District Court of Western Australia pursuant to section 87 of the Criminal Procedure Act 2004 (WA). At the same time, the CDPP submitted that there was an intention to file an ex officio indictment, for these matters, in New South Wales.