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Judge adjourns Peniston trial to allow lawyer to `cool off'

The trial of a former Government Senator was halted after a row between a defence lawyer and the Puisne Judge hearing the case.

The jury in the trial of Llewellyn Peniston, who faces charges of perjury, stealing and fraud, were sent out by Puisne Judge Vincent Meerabux following an argument with lawyer Julian Hall.

Mr. Justice Meerabux adjourned the case for several minutes after the tiff blew up, when Mr. Hall was questioning Patricia King, administrator of Buckingham University, about Peniston's studies there.

He ordered a recess to calm the situation after telling Mr. Hall not to shout at the bench.

Mr. Hall replied: "I am not shouting. I would appreciate you not shouting at me.'' Mr. Justice Meerabux replied: "I am asking you to leave this court until you cool your head. You do not shout at the bench, I am adjourning so you can cool off.'' "I am perfectly cool,'' Mr. Hall replied.

Peniston, 53, of Rosemont Avenue, Pembroke, pleaded not guilty to charges of fabricating evidence, perjury, knowingly making use of fabricated evidence, fraudulently concealing property or debt and stealing.

All the offences are alleged to have occurred in 1994.

It is alleged he concealed $24,000, raised from cashing in two pension policies, from court appointed Receiver, lawyer Mark Diel.

Peniston denies cashing in a $14,016.82 pension policy held by Bermuda Fire and Marine Ltd. and a $10,961.64 pension policy held by North American Life Assurance Company, property of his ex-wife Sylvia Orreta Peniston.

Peniston also denies hiding the sale of gold jewellery worth $475 and fabricating an affidavit presented to his bankruptcy hearing.

Yesterday, the jury heard from David Eric Wray, who worked at Barclays Bank in Buckingham, UK, where Peniston opened two accounts during his studies at the University of Buckingham.

Mr. Wray confirmed that two accounts had been opened by Peniston and a balance of more than 10,000 was held during his time there.

Peter Eccles also called Malcolm Collings, a former finance officer for the University of Buckingham.

He testified that several deposits -- totalling several thousand pounds -- had been made by Peniston from the Bank of Bermuda and Bank of Butterfield to the school's account, in payment for fees.

The trial of Mr. Peniston could be halted for one week after one of the lawyers in the case told the court he may be out of the country next week due to personal reasons.

The trial continues today.