house because he ran out of money, his lawyer said this week.

Peniston appeared in Magistrates' Court on Wednesday charged with building an apartment without permission and illegally using his swimming pool. He denied the charges.

Planning Department Enforcement Officer Mr. Larry Dixon told the court that Peniston had converted his basement into an apartment without permission. He also said Peniston did not have approval to use his pool.

But Mr. Arthur Hodgson, representing Peniston, argued the alleged apartment was not an independent dwelling and the pool was unfinished because Peniston ran out of money.

Mr. Hodgson also said Peniston had been forced to sell his house, and the buyers had notified Planning they would comply with the department's requirements.

Senior Magistrate the Wor. Will Francis adjourned the case until December 6.

Crown Counsel Ms Sharon Kenny was prosecuting.