The defence lawyer in the fraud trial of a former Government Senator yesterday called the receiver in Llewellyn Peniston's bankruptcy and prosecutors "bullies.'' But Crown counsel Peter Eccles said the case was about lying and cheating, and Peniston only wanted to leave Bermuda because the receiver was about to ask difficult questions.

They were speaking at the climax of an eventful trial that has seen the loss of one juror, and a five-day delay while the Canadian prosecutor returned home for his father's funeral.

The six-man, five-woman jury has also seen lengthy adjournments for legal arguments.

Peniston has been charged with three counts of perjury, three counts of fraudulently concealing property or debt, and two counts of fabricating evidence.

Two charges of stealing two pension policies worth $14,016.82 and $10,961.64, administered by Bermuda Fire and Marine Ltd., and property of his ex-wife Sylvia Oreeta Peniston, were dropped on the orders of Mr. Justice Meerabux.

He is now solely charged with concealing the pension policies.

Peniston is accused of hiding the sale of $475 worth of jewellery from the Receiver, lawyer Mark Diel.

The Crown alleges Peniston misled the bankruptcy hearings by fabricating evidence on May 11, 1994 purporting to be sworn by Ms Peniston on September 9,1987, and later testifying to that.

Lawyer Julian Hall, when asked by Pusine Judge Vincent Meerabux to begin Mr.

Peniston's side of the case, promptly rose and said, "the defence rests, my Lord'' before starting his summation.

Mr. Hall said Peniston had been charged with "everything including the kitchen sink'' and that large amounts of money had been spent in seeing that his client was declared bankrupt.

He added: "Considering they went down to Astwood and Dickinson I would bet they went around to Byrdies Cafe, to see what change he got back from lunch.

It's bullying.'' "I'm entitled to say the administration of justice in this case is run by bullies,'' Mr. Hall said. "The motivation behind Official Receiver Mark Diel is crystal clear. He is a bully.'' Mr. Hall reminded the jury that Peniston is innocent until proven guilty and although the concept is often paid only lip service, "you must understand it could be your husband, your son, it could be you''.

He said the jury must take into consideration the "three year ordeal'' Peniston had gone through before he made a statement to the bankruptcy hearing on December 20, 1994.

And he said not all falsehoods are lies, nor are they material to every charge.

"Just ask Bill Clinton,'' he said. "Not every lie is perjury. Their cupboard is simply bare.'' He said Peniston told the truth in a bankruptcy hearing in May 1994 but had been pursued relentlessly until finally taking the stand during the "perjury trap'' of December 19, 1994.

Peniston made a last ditch effort to be "clear of the matter'' only to be able to return to the University of Buckingham to pursue one of the few careers open to him.

"He was basically saying `look, let me get on with my life','' Mr. Hall said.

"There is a difference between accepting responsibility for a misunderstanding and lying to a court.'' Late yesterday Crown counsel Peter Eccles began his summation by telling the jury there "is no price tag on perjury''.

"I have been in Bermuda eight and a half months,'' he said, "I have learned a few things about Bermudians. Honesty and integrity are important to Bermudians.'' He said that Peniston could have gone to his creditors and made arrangements to pay them back at anytime.

"He could have ended this,'' he said. "But his lawyer could not even find him. Those 15 creditors were entitled to be paid.'' Mr. Eccles added: "Mark Diel is being called a bully for doing his job. This is not a power hungry man but someone doing his job.'' Mr. Eccles completes his final submissions today.