the receiver in his bankruptcy told a Supreme Court jury. Lawyer Mark Diel was speaking yesterday during the trial of Llewellyn Peniston, which continued despite the loss of one juror.

The woman is believed to have accompanied her sick father to medical treatment overseas. Puisne judge Vincent Meerabux told the six-man, five-woman jury that the woman had been discharged and the trial would go on with the assent of both Crown counsel Peter Eccles and defence lawyer Julian Hall.

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

Peniston allegedly cashed in two pension policies worth $14,016.82 and $10,961.64 administered by Bermuda Fire and Marine Ltd., both property of his ex-wife Sylvia Orreta Peniston.

The offences are alleged to have occurred in 1994 after a Receiving Order had been issued against Peniston after bankruptcy hearings.

The Crown contends Peniston, of Richmond Road, Pembroke, concealed the money from the policies and sale of $475 worth of jewellry from Mr. Diel.

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

Under questioning by Mr. Eccles, Mr. Diel said he had heard rumours Peniston was about to enter law school and called a "friendly'' meeting to ask Peniston about the rumours.

"I wanted to know how it was going to be financed,'' he said. "I wanted to know if it was going to be through private funds or through his own funds. The creditors and I would want to know.'' Mr. Diel -- formerly of Smith, Barnard, and Diel, now with Diel and Myers -- added the creditors could have given permission to Peniston to pursue an education.

Mr. Diel said Peniston told the bankruptcy judge the money from the pension policies had been turned over to his ex-wife.

Peniston warned: Receiver Mr. Diel said: "His evidence was essentially that Oreeta Peniston had received those monies pursuant to the divorce agreement of 1987.'' "He said he had received those funds from BF&M and they had been paid to his ex-wife,'' Mr. Diel continued. "And that he had acted as some sort of trustee for a time.'' But Mr. Diel remained unconvinced and told Peniston that should facts prove otherwise, he would have him arrested.

He added: "His words were he had no plans to leave the Island. I was concerned with this $25,000 or thereabouts and that my inquiries led me to believe he had been accepted (to the university).'' Mr. Diel said as receiver, it was his responsibility to list all of a debtor's creditors and assets and make a recommendation to a trustee.

He added: "But at the early stages it is to find out the assets and liabilities.'' The trial continues today.