Peniston: I wasn't behind casino ship
Lawyer Llewellyn Peniston denied being the man behind casino ship Niobe Corinthian when he gave evidence at Magistrates’ Court yesterday.
Testifying in defence of a man accused of breaking Bermuda’s anti-gambling laws by importing 100 slot machines on the vessel, Mr. Peniston rejected evidence a prosecutor said showed he was a “principal” in companies linked to the ship.
When Senior Crown counsel Carrington Mahoney put it to him that he was “the man behind the whole scheme,” he replied: “That’s incorrect sir. Personally I don’t gamble. I know nothing about it.”
Mr. Peniston — an outspoken critic of Bermuda’s anti-gambling laws in the past — claimed plans to operate the ship from Bermuda in international waters had the blessing of the Ministry of Finance and Attorney General.
However, he further claimed that the gaming machines were in an inoperable state when the vessel arrived in Bermuda last summer, because the inventor of the installation system died suddenly without sharing a crucial password.
Mr. Peniston was testifying on behalf of George Kezas, 72, of St. George’s, who faces the importation charge along with the 30-year-old Panamanian captain of the ship, Fermin Alfonso Reyes.
Police raided the Niobe Corinthian when she was moored at Marginal Wharf, St. David’s on August 11, 2006 and seized 100 slot machines, the trial has previously heard. Reyes was arrested that day and Kezas two days later. Both deny any wrongdoing.
In answer to questions from Kezas’ lawyer Kevin Bean, Mr. Peniston said at one time he was director of a British Virgin Islands-based company called Estrellas Management Ltd and its subsidiary interests Corinthian Ltd and the Niobe Corinthian although he has since resigned.
Mr. Peniston said he was instructed to begin the process of incorporating Corinthian Ltd, with the purpose of that company being to manage the ship’s operations.
He claimed the Ministry of Finance and Attorney General expressed in writing “an unequivocal position of support for this vessel to operate from a port in Bermuda to the edge of the territorial waters of Bermuda”.
Once the boundary had been crossed into international waters, he said, the machines would be operated, subject to their ability to do so.
Under cross-examination from Mr. Mahoney, Mr. Peniston said his association with Estrellas began when he was instructed by two businessmen who were the beneficial owners of that company. “I’m not at liberty to disclose who they are because their interest is held behind two trusts — the Circus Trust and the William Trust,” he said.
At this point, Mr. Mahoney twice asked Mr. Peniston: “Do you recognise you are in a criminal court?”. He replied: “These places are familiar to me” and said he was aware of the sanctions that can arise from breaching criminal provisions.
Mr. Peniston added that the trusts are represented by banks in Bermuda “and I will tell you that they were legitimate trusts and legitimate representatives.”
Under further questions from Mr. Mahoney, he denied being anything other than a legal advisor to Corinthian Ltd, which he described as the company managing the ship’s operations. He denied Mr. Mahoney’s assertions that documentary evidence showed Corinthian owned the vessel and also that his law firm was listed as an owner of the>Niobe Corinthian along with Estrellas. He said the documents were incorrect.
Reyes, the ship’s captain, followed Mr. Peniston on the witness stand to give evidence in his own defence. He told the court how when the ship entered Bermuda in July 2006, he told officials there were 100 gaming machines on board. As a result, he said he was handed a copy of the Prohibition of Gaming Machines Act and the crew prohibited from landing.
Reyes said on August 11 he returned from Hamilton to the ship to find Police with a warrant to seize the machines, which was achieved by officers cutting the wires. He claimed Inspector Nicholas Pedro instructed another Police officer to seize his camera when he tried to take pictures of the unbolted machines. He further claimed that Inspector Pedro “invited me to go to the Police station with him to answer some questions.” However, he said: “The questioning never happened. On my arrival, Detective Fenwick arrested me in front of the gaoler’s desk.”
Reyes told the court he was told by Inspector Pedro that it would be a conflict of interest for Mr. Peniston to represent him — and the chief of the Police station agreed that the Police would pay for a “neutral” attorney to represent him.
The case continues.
