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.

On 8 April 2022, Mr Anthony John Dunlop, a former director of Capital Mining Limited, also appeared in the Perth Magistrates Court charged with four offences of dishonestly using his position as a director.

As advised in ASIC media releases 22-086MR and 22-032MR, 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 that time, the CDPP submitted that there was an intention to file an ex officio indictment, for this matter, in New South Wales. At the time of this publication, no such proceedings have been filed and the matters remain under consideration by the CDPP.

Further background to these matters is set out in ASIC media releases 22-086MR and 22-032MR.