Peniston concealed $24,000 from Receiver, court told
The trial of a former UBP Senator got under way yesterday after a two-day delay for legal arguments.
Llewellyn Peniston has been charged with three counts of perjury, three counts of fraudulently concealing property or debt, two counts of fabricating evidence, and two counts of theft.
He allegedly 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, of Rosemont Avenue, Pembroke, also denies hiding the sale of gold jewellery worth $475 and fabricating an affidavit presented to his bankruptcy hearing.
The affidavit was purported to have been written and signed by his ex-wife on September 9, 1987.
A six-man, six-woman Supreme Court jury heard yesterday from Patricia Ann King, administrator and keeper of records at the University of Buckingham -- from which Peniston has recently completed his studies.
She confirmed Peniston had inquired about enrolment at the university in January 1994 and was accepted on February 21.
Peniston was given a final interview in July of that year.
Under cross-examination by Peniston's lawyer Julian Hall, Mrs. King showed faxes sent by Graham Coxall, acting for Mr. Diel.
She could not confirm whether the university requested information about Peniston's legal troubles but showed faxes of affidavits sent by Smith, Bernard, and Diel's Graham Coxall on May 24, 1994.
When asked if the university would have had a problem with Peniston's enrolment, Mrs. King said: "Obviously they wouldn't want to admit anyone to study law if they had an unlawful background.'' Earlier yesterday Crown counsel Peter Eccles told the jury the case "boils down to simple lying and cheating''.
He added: "To be blunt, he was broke. Flat broke. And if you try to hide money from your receiver you are stealing. You are taking away money from your creditors.'' Mr. Eccles concluded by saying the jury would have to decide if Peniston lied under oath and hid money or deprived his ex-wife of her rightful money.
The trial continues today before Puisne Judge Vincent Meerabux.