Peniston may have left the island
extradited to Bermuda after he apparently left the Island during his bankruptcy proceedings.
Mr. Graham Coxall, litigation manager for Smith, Barnard & Diel, said official receiver Mr. Mark Diel believed Mr. Peniston flew to England on Bermuda Day.
The day before, Mr. Peniston testified under oath he had no plans to leave Bermuda soon, Mr. Coxall told The Royal Gazette .
"Obviously, we're researching what steps can be taken,'' he said. "If at all possible, we'd like to secure his return to Bermuda. We have information as to where he may be.'' Mr. Coxall would not elaborate, except to confirm it was believed Mr. Peniston was in England.
Inquiries were being made as to whether there were grounds to extradite Mr.
Peniston, he said.
Mr. Peniston, of South Shore Road, Southampton, is believed to owe about $760,000. A public examination of Mr. Peniston by creditors as part of bankruptcy proceedings against him is scheduled to resume in Supreme Court on July 25.
During his public examination in Supreme Court on May 23, he told Puisne Judge the Hon. Mrs. Justice Wade that he had no plans to leave Bermuda soon.
Mr. Mark Diel, a partner in Smith, Barnard & Diel, the official receiver for Mr. Peniston, is on vacation. Mr. Coxall is assisting him.
Mr. Diel had applied in court to have Mr. Peniston detained because of his alleged "misappropriation of funds,'' in cashing cheques recently. But an arrest warrant was not granted, Mr. Coxall said.
Earlier, a warrant was issued for Mr. Peniston's arrest when he failed to appear in court on May 23. But it was discharged when he turned up several hours later.
At no time during the proceedings was Mr. Peniston ordered to surrender his travel documents or told he could not leave the Island.
Smith, Barnard & Diel was consulting with attorneys in the United Kingdom, Mr.
Coxall said. Resuming proceedings in England, rather than Bermuda, was another possibility being explored, he said.
Other court action could soon be expected in Bermuda aimed at recovering further assets of Mr. Peniston's, Mr. Coxall added.
Mr. Rex Darrell, a friend of Mr. Peniston's, said he expected the former United Bermuda Party Senator and candidate for the House of Assembly would return in time for his next court date.
Mr. Peniston has talked about attending law school in England. "I think he's just going to be interviewed, and try to get acceptance, and maybe some financial aid,'' Mr. Darrell said.
Asked if he thought Mr. Peniston would return before July 25, Mr. Darrell said: "I would expect so.
Mr. Peniston was taken to court by Mr. Robert Thomson, his former partner in a boat business.
Mr. Llewellyn Peniston.
