Former financial adviser Daniel McSweeny has been found unfit to stand trial for 20 charges of dishonest use of his position as a director of two companies with the intention of directly gaining an advantage for himself and others, and one charge of falsification of books.
In determining that Sweeny was unfit to stand trial and unlikely to become fit in the next 12 months, Judge Flannery relied upon uncontested medical evidence tendered by each party.
Sweeny was originally charged on 27 November, 2018, which was referred to the District Court in 2019 after a question over McSweeny’s fitness to stand trial was raised by his legal representatives.
He was the sole director of Constantia Capital and Prettoria Capital, which are now both in liquidation, which held a bank account where his clients’ funds were transferred.
The Australian Securities and Investments Commission (ASIC) alleged between 28 March, 2011, and 24 December, 2012, he dishonestly transferred or directed others to transfer funds from these accounts for the benefit of himself or others.
Judge Flannery found a prima facie case had been established in relation to each of the offenses for which McSweeny had been charged.
McSweeny was released with conditions that he remained in the care of his treating doctors and follow their directions, with the order to continue for a period of three years from 11 February, 2020.