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Former Senator Peniston found guilty of perjury

By Patrick Burgess A former Government Senator has been convicted by a Supreme Court jury on three counts of perjury and one count of concealing property.

Yesterday, a jury deliberated for three hours whether Llewellyn Peniston was guilty on ten counts relating to the cashing in of two pension policies worth nearly $25,000 and the sale of gold jewellry.

Peniston was convicted of giving false testimony to a bankruptcy hearing on the disposal of the proceeds of two pension policies administered by Bermuda Fire and Marine Ltd. worth $10,961.64 and $14,016.82.

He was also convicted of giving false testimony on the proceeds of the sale of a gold chain and a gold pendant sold to Astwood and Dickinson for $475.

The jury failed to render a verdict on charges of fabricating evidence, and making use of false evidence concerning the two pension policies.

The jury, as directed by Pusine Judge Vincent Meerabux, found Peniston not guilty on two charges of stealing the pension policies.

Peniston was released on bail to appear before Mr. Justice Meerabux on Thursday for sentencing.

Mr. Justice Meerabux, before leaving the stand, said: "This is a very unfortunate situation and unfortunate circumstances.'' Of the verdict, Peniston's lawyer, Julian Hall said it came as a "shock and a surprise'' and he was certain there would be an appeal.

Peniston, 53, of Richmond Road, Pembroke, served in the Senate for the United Bermuda Party for six years between December 1980 and August 1987.

He rose to be a partner in John S. Darrell Ltd. -- a shipping and travel company -- before branching out on his own in 1986.

His shipping company was wound up after "bitterly contested'' hearings in 1993 before bankruptcy hearings were started in November 1993 when Official Receiver Mark Diel was appointed.

The jury heard that Peniston was approached by a BF&M employee alerting him of the two policies in April 1994.

In the first week of May of 1994 he was paid the nearly $25,000 and made payments to the University of Buckingham to enter law school that summer.

On May 11, 1994 he approached his ex-wife, Sylvia Oreeta Peniston, and had her sign a document to be used in the bankruptcy hearings.

The document purported to give the proceeds of the pensions to Ms Peniston and purported to have been signed in September 1987.

Peniston -- who did not take the stand in his own defence nor were any witnesses called -- told the bankruptcy hearings he gave the policies to his ex-wife but later in 1994 called his answer a "misunderstanding''.

Yesterday's verdicts came after an eventful trial during which one potential juror refused to be sworn in and was replaced, and another dropped out due to illness in her family.

There was also a five-day delay while prosecutor Peter Eccles returned home to Canada to his father's funeral.

The six-man, five-woman jury also saw lengthy adjournments for legal arguments in the case which began on September 29.

Mr. Hall, in his summation called Mr. Diel and prosecutors "bullies'' and said a hearing on December 20, 1994 was a "perjury trap''.

Mr. Eccles told the jury Peniston's actions were a sign of a trapped criminal rather than a beaten man and they should not be swayed by Ms Peniston's illness which flared up during her testimony.

Last night Mr. Eccles said: "I'm glad the jury arrived at a verdict and the matter was resolved on four counts.'' Llewellyn Peniston