Lawyer Llewellyn Peniston has taken Bermuda Bar Association to the Court of Appeal over an ongoing disciplinary matter.

A Court of Appeal hearing was held last Wednesday and the court's panel of three judges delivered their judgement on the case on Friday.

Both hearings were held in private in accordance with the Bar Disciplinary Tribunal Rules and the Bermuda Bar Act.

Bermuda Bar Association president Rod Attride-Stirling told The Royal Gazette: "The Bar legislation prohibits us from commenting on ongoing disciplinary matters.

"I can say that where a complaint is made against a member of the Bar, this is investigated by the professional conduct committee.

"This may result in proceedings before a disciplinary tribunal which is always chaired by a judge of the Supreme Court and so all the usual legal formalities are observed.

"If the complaint against a lawyer is proven, the results of the disciplinary committee are published by the Supreme Court Registry in the Official Gazette."

Supreme Court Registrar Charlene Scott said last week's hearing and judgement were held "in camera" in accordance with section 13 of the Bar Disciplinary Tribunal Rules and section 23 of the Bermuda Bar Act, which allows barristers to appeal against a finding, sentence or order of a disciplinary tribunal in the Court of Appeal.

Such hearings are held behind closed doors, unless the barrister requests they be heard in open court. The Court of Appeal listing for last week's hearing gave only the initials of the parties — J.A.L.P. versus A.S. & B.B.A. — and counsel Allan Doughty and Jeffrey Elkinson.

Mr. Peniston was last in trouble with Bermuda Bar Association in January 2007, when its disciplinary panel gave him a one-year suspension from all work involving real estate law after he "acted in a verbally abusive and intimidating manner" and "failed to abide by the terms of his professional undertaking".

In August this year, the former UBP senator was ordered by a judge to pay back almost $10,500 to two clients or face jail. He wrote out a cheque for Terry Philpott and Desmond Richardson in the courtroom.

Mr. Peniston did not respond to a request for comment this week.