media release (22-147MR)

Court of Appeal orders a retrial for Ben Jayaweera

Published

On 10 June 2022, the Court of Appeal of the Supreme Court of Queensland delivered its decision regarding an appeal against conviction and sentence brought by Ben Jayaweera, a former financial adviser and director of Growth Plus Financial Group Pty Ltd (in Liquidation).

The Court of Appeal allowed the appeal on grounds including that deficiencies in the trial judge’s directions to the jury resulted in a miscarriage of justice.

Mr Jayaweera had previously been convicted in October 2019 of six counts of dishonestly causing his clients a pecuniary detriment (19-285MR).

A new trial was ordered on all 6 counts and Mr Jayaweera’s convictions were set aside.

The Commonwealth Director of Public Prosecutions prosecuted the matter after a referral from ASIC.

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Court of Appeal decision.

Editor's note:

The matter was mentioned on 27 July 2022. At the mention, the retrial was listed for 10 July 2023 to 4 August 2023 in the Brisbane District Court.

Editor's note 2:

On 4 November 2022, the matter was adjourned to 17 March 2023 for further mention in the Brisbane District Court.

Editor's note 3:

On 17 March 2023, the matter was adjourned for further mention on 31 March 2023 in the Brisbane District Court.

Editor's note 4:

On 31 March 2023, the matter was adjourned for further mention on 21 April 2023 in the Brisbane District Court.

Editor's note 5:

On 21 April 2023, the matter was adjourned for further mention on 30 June 2023 in the Brisbane District Court.

Editor's note 6:

On 30 June 2023, the matter was heard in the Brisbane District Court for a trial review and his Honour ordered the matter to remain as listed and the retrial to commence on 10 July 2023. At a further mention on 7 July 2023, his Honour ordered the retrial to be listed to commence not before Tuesday 11 July 2023 in the Brisbane District Court.

Editor's note 7:

On 14 July 2023, the jury was discharged and the retrial was vacated. The matter will be relisted for trial in the Brisbane District Court, on a date to be fixed.

Editor's note 8:

On 24 July 2023, the Brisbane District Court listed the retrial to commence on 19 February 2024.

Editor's note 9:

The matter is listed for mention on 16 November 2023 in the Brisbane District Court for call over ahead of the retrial listed to commence on 19 February 2024. 

Editor's note 10: 

The matter was mentioned on 16 November 2023. At the mention, the matter was adjourned for further mention on 18 January 2024 in the Brisbane District Court ahead of the retrial commencing on 19 February 2024. 

Editor's note 11: 

The matter was mentioned on 18 January 2024 and has been adjourned for further mention on 14 February 2024 in the Brisbane District Court, ahead of the retrial commencing on 19 February 2024. 

Editor's note 12:

The matter is listed for mention on 1 February 2024 in the Brisbane District Court. 

Editor's note 13: 

On 1 February 2024, the matter was adjourned for further mention on 2 February 2024 in the Brisbane District Court. 

Editor's note 14:

The matter was mentioned on 2 February 2024 in the Brisbane District Court and directions were made by His Honour that the retrial be relisted to commence on 5 August 2024 for a period of four weeks in the Brisbane District Court. 

Editor's note 15:

The matter is listed for a hearing on 22 February 2024 in relation to a bail variation application by Mr Jayaweera in the Brisbane District Court.

Editor's note 16:

On 22 February 2024, the matter was adjourned for a hearing on 29 February 2024 in relation to a bail variation application by Mr Jayaweera in the Brisbane District Court.

Editor's note 17: 

On 29 February 2024, the bail variation application by Mr Jayaweera in the Brisbane District Court was dismissed and his existing bail conditions remain in place.

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