Robert Ian South and Murray Byron Provan

Background

This case concerns criminal proceedings brought by the Financial Markets Authority (FMA) against Robert Ian South and Murray Byron Provan for serious financial misconduct involving vulnerable investors.

In June 2017, the FMA filed charges under the Crimes Act 1961 following allegations that the two men had dishonestly obtained investor funds. Robert Ian South was charged with two counts of theft by a person in a special relationship under Section 220, while Murray Byron Provan faced two counts of obtaining by deception under Section 240. Each offence carried a maximum penalty of seven years’ imprisonment. Both defendants appeared in the Tauranga District Court and were required to reappear later that month.

On 18 December 2018, the court found both men guilty of the respective charges. Following their convictions, they were remanded in custody pending sentencing, which was scheduled for 22 February 2019.

At sentencing on 22 February 2019, the court-imposed prison terms of four years and six months on both defendants. The court found that South and Provan had taken approximately $605,000 from two vulnerable investors, who believed they were investing in a legitimate software company. Instead, the funds were misappropriated and spent by the defendants for their own purposes.

The case highlights the FMA’s role in pursuing criminal accountability for serious misconduct involving investor deception and abuse of trust, particularly where vulnerable individuals are targeted. The outcome reflects the courts’ recognition of the gravity of such offending and the significant harm caused to victims.