Following an ASIC investigation, former director and Chief Executive Officer (CEO) of Bananacoast Community Credit Union Limited (BCU), Mr Lyndon Allen Kingston, of Windsor, Queensland, appeared on 29 November 2019 in Brisbane Magistrates Court charged with:
- Three counts of dishonest use of his position as a director of BCU under section 184(2) of the Corporations Act (maximum sentence of imprisonment of five years);
- Two counts of providing false information to BCU under section 1309(1) of the Corporations Act (maximum sentence of imprisonment of five years);
- One count of making a false document with the intention of dishonestly inducing a public official to accept as genuine under section 144.1(1) of the Criminal Code (Cth) (maximum sentence of imprisonment of ten years); and
- One count of using a false document with the intention of dishonestly inducing a public official to accept as genuine under section 145.1(1) of the Criminal Code (Cth) (maximum sentence of imprisonment of ten years).
The alleged offending occurred between December 2015 and August 2017.
Mr Kingston was released on bail and the matter adjourned to 14 February 2020 before the Brisbane Magistrates court for further mention.
The Commonwealth Director of Public Prosecutions is prosecuting the matter.
Background
In 2008, Mr Kingston became the Chief Financial Officer and then the CEO of BCU.
During the relevant period, BCU was a credit union based in Northern NSW and South East Qld.
Editor's note:
On 14 February 2020, the matter was adjourned for further mention on 29 May 2020 in the Brisbane Magistrates Court.
Editor's note 2:
On 29 May 2020, the matter was adjourned for further mention on 24 July 2020 in the Brisbane Magistrates Court.
Editor's note 3:
On 24 July 2020, the matter was adjourned for further mention on 23 October 2020 in Brisbane Magistrates Court.
Editor's note 4:
On 22 October 2020, the matter was adjourned for further mention on 13 November 2020 in Brisbane Magistrates Court.
Editor's note 5:
On 13 November 2020, the matter was adjourned for further mention on 11 December 2020 in Brisbane Magistrates Court.
Editor's note 6:
On 11 December 2020, the matter was adjourned for further mention on 12 March 2021 in Brisbane Magistrates Court.
Editor's note 7:
On 5 February 2021, the date for the next mention was changed to 19 March 2021 in the Brisbane Magistrates Court.
Editor's note 8:
On 19 March 2021, the matter was listed for a committal hearing on 7 and 8 July 2021 in the Brisbane Magistrates Court.
Editor's note 9:
On 8 July 2021, after a two day committal hearing before the Brisbane Magistrates Court, Mr Kingston was committed to stand trial on all 7 charges. Mr Kingston’s trial will be heard before the Queensland District Court at Brisbane on a date to be fixed.
Editor's note 10:
On 25 November 2021, Mr Kingston was indicted on all seven charges involving:
- Three counts of dishonest use of his position as a director of Bananacoast Community Credit Union Limited(BCU) under section 184(2) of the Corporations Act;
- Two counts of providing false information to BCU under section 1309(1) of the Corporations Act;
- One count of making a false document with the intention of dishonestly inducing a public official to accept as genuine under section 144.1(1) of the Criminal Code (Cth); and
- One count of using a false document with the intention of dishonestly inducing a public official to accept as genuine under section 145.1(1) of the Criminal Code (Cth).
The matter is listed for mention in the Brisbane District Court on 20 January 2022.
Editor's note 11:
On 19 January 2022, the matter was adjourned for mention on 28 February 2022 in Brisbane District Court.
Editor's note 12:
On 2 March 2022, the matter was adjourned for mention on 11 April 2022 in Brisbane District Court.
Editor's note 13:
On 11 April 2022, the matter was adjourned for mention on 9 May 2022 in Brisbane District Court.
Editor's note 14:
The matter was adjourned for mention on 23 May 2022 in Brisbane District Court.
Editor's note 15:
On 23 May 2022, the matter was listed for trial in the Brisbane District Court commencing on 21 November 2022 and a trial review mention on 11 November 2022.
Editor's note 16:
A further mention has been listed in the Brisbane District Court for 28 October 2022. This is in addition to a trial review mention on 11 November 2022.
Editor's note 17:
At the trial review mention on 28 October 2022, the mention that was to take place on 11 November 2022 was delisted. A further trial mention is to be held on 16 November 2022 in Brisbane District Court.
Editor's note 18:
On 23 November 2022, the trial was delisted and adjourned to a date to be fixed. A mention of the matter is to be held on 25 November 2022 in the Brisbane District Court.
Editor’s note 19
The mention scheduled for the 25 November 2022 was administratively vacated by the parties and the matter was relisted for mention on 28 November 2022 in the Brisbane District Court.
Editor's note 20:
On 28 November 2022, the matter was listed for a pre-trial hearing on 30 November and 1 December 2022 in the Brisbane District Court.
Editor's note 21:
On 30 November 2022, the pre-trial hearing concluded and the matter was listed for review in the Brisbane District Court on 13 December 2022.
Editor's note 22:
On 13 December 2022, the matter was mentioned for review and then listed for the hearing of any pre-trial applications on 31 March 2023 in the Brisbane District Court.
Editor's note 23:
A pre-trial hearing took place on 31 March 2023. The matter will next be mentioned in the Brisbane District Court on 4 April 2023.
Editor's note 24:
On 4 April 2023, the matter was listed for trial commencing on 20 November 2023 in the Brisbane District Court. The next mention of the matter will be held on 24 May 2023 with a trial review set down for 10 November 2023.
Editor's note 25:
On 24 May 2023, the matter was mentioned in the Brisbane District Court. The next mention will be a trial review set down for 10 November 2023. The matter remains listed for trial to commence on 20 November 2023.
Editor's note 26:
On 16 October 2023, the matter was mentioned for review. A further mention is to be held on 19 October 2023 in the Brisbane District Court.
Editor's note 27:
On 19 October 2023, the matter was mentioned for review. The matter has been listed for a further pre-trial review to take place on 10 November 2023 in the Brisbane District Court.
Editor's note 28:
On 10 November 2023, the matter was mentioned for a trial review. The matter is listed for trial commencing on 20 November 2023.
Editor's note 29:
On 13 December 2023, after a three-week trial, her Honour Judge Loury KC discharged the jury, as jury members were unable to reach a verdict. The matter will next be mentioned in the Brisbane District Court on 30 January 2024.
Editor's note 30:
On 30 January 2024, the matter was listed for a re-trial commencing on 14 October 2024 in the Brisbane District Court. The next mention of the matter will be a trial review on 4 October 2024.