On Friday 23 August 2024, Ben Jayaweera, a former financial advisor and director of Growth Plus Financial Group Pty Ltd (in Liquidation) was found guilty of 28 counts of fraud pursuant to section 408C(1)(e) Criminal Code Act 1899 (Qld).

The offending took place between August 2013 and November 2015, resulting in a total detriment of $5,958,870 to 12 of Mr Jayaweera’s former clients.

A jury delivered the guilty verdict on all 28 counts on the indictment, following a three-week retrial in the Brisbane District Court.

The matter was prosecuted by the Office of the Director of Public Prosecutions (Cth) (CDPP) following an investigation and referral by ASIC.

Mr Jayaweera has been remanded in custody ahead of sentencing on Monday 26 August 2024.

Background

Following a three-week trial in September and October 2019, Mr Jayaweera was found guilty of six charges of fraud contrary to section 408C(1)(e) Criminal Code Act 1899 (Qld). The six counts on the indictment related to 28 transactions where 12 clients collectively lost approximately $5.9 million (19-285MR). 

On 17 October 2019, Mr Jayaweera was sentenced to 12 years imprisonment, with a minimum period of six years to be served before becoming eligible for parole (19-285MR).

On 12 November 2019, Mr Jayaweera appealed the conviction and sentence in the Queensland Court of Appeal. Mr Jayaweera’s appeal was heard by the Queensland Court of Appeal on 19 November 2021 (22-147MR).

On 10 June 2022, the Queensland Court of Appeal allowed the appeal and ordered a retrial (22-147MR).