On 30 March 2023, the Commonwealth Director of Public Prosecutions (CDPP) withdrew charges against David Mark Anderson.  

Mr Anderson had been facing 27 charges of fraud (19-126MR). The prosecution had alleged that between 18 June 2012 and 21 September 2015, Mr Anderson, while a director of Octaviar Investment Holdings No 3 Pty Ltd (OIH3), dishonestly applied $4,611,571.86 of OIH3 money for his own use.

The CDPP decided to withdraw the charges because it considered that it was no longer in the public interest to continue with the prosecution given new and compelling medical evidence about the poor state of Mr Anderson’s health.

Mr Anderson was discharged by the judge.

The matter was being prosecuted by the CDPP following an investigation and referral of a brief of evidence by ASIC.