The fraud trial of former Government Senator Llewellyn Peniston has been adjourned until October 12 owing to the death of the prosecutor's father.

Crown counsel Peter Eccles will return to Toronto, Canada today after hearing of his father's passing during the lunch break in the Peniston trial.

Senior Crown counsel Brian Calhoun told the jury Mr. Eccles was not in a position to proceed with the afternoon session and asked Puisne Judge Vincent Meerabux for an adjournment of a week.

Mr. Calhoun added: "He is in no way able to continue today. And he is in no way able to instruct counsel.'' Peniston's lawyer Julian Hall extended his sympathy to Mr. Eccles and said he had hoped throughout the week Mr. Eccles would have been able to see his father before he passed.

Mr. Hall added: "I have express instructions from my client to accede to the request for an adjournment.

"We all have to be guided by the golden rule.'' An emotional Puisne Judge Vincent Meerabux also expressed his sympathy and added: "I think it was St. Augustine who said `my soul is restless'. May God bless him wherever he is.'' Mr. Justice Meerabux yesterday morning had granted the Crown an adjournment until Wednesday to allow another prosecutor -- believed to be Patrick Doherty -- time to review the case.

Mr. Calhoun promised Mr. Justice Meerabux that a prosecutor would be in court for the Crown at the resumption.

Peniston, 53, of Richmond Road, Pembroke, denies three counts of perjury, two counts of fabricating evidence, two counts of theft, and three counts of fraudulently concealing property.

All the offences are alleged to have occurred in 1994 when a Receiving order had been issued against Peniston after bankruptcy hearings.

It is alleged he concealed more than $24,000 raised by cashing in two pension policies and the sale of jewellery, from Receiver, lawyer Mark Diel.

That summer Peniston entered the University of Buckingham's law school and is believed to have completed his degree.

Earlier yesterday, former financial officer Malcolm Collings said Peniston would have paid 18,306 to the university in fees between 1994 and 1996.

And Carol Bassett, the BF&M vice president who processed Peniston's application to cash in the policies said she met Peniston by chance in April 1984 at BF&M.

She told him that two pension policies administered by BF&M for John S.

Darrell Ltd. had recently been closed on the instructions of Don MacPhearson.

She said a surprised Peniston asked for the money, $14,016.82 from Bermuda Fire and Marine and $10,961.64 from North American Life Assurance Co., but did not tell her he was in receivership.

Former Astwood and Dickinson manager Scott Johnson said Peniston brought in two pieces of gold jewellry on May 2, 1994 to pay off $535 balance he owed.

He said sometime later he checked with the Bermuda Credit Association about Peniston's debts but "did not pursue the matter''.

The trial continues the Monday after next.