The name of a lawyer mentioned in Wednesday's newspaper on the Llewellyn Peniston fraud trial was incorrect. On Tuesday, witness Mark Diel said Peniston went to lawyer Lawrence Scott, not Michael Scott, to have a document signed in the name of his ex-wife.

A Supreme Court jury yesterday heard a former Government Senator admitted his ex-wife had not sworn an affidavit acknowledging receipt of $25,000 in pension money.

And the Official Receiver in his bankruptcy denied wanting to embarrass Llewellyn Peniston by telling the media that a warrant for his arrest had been issued on May 23, 1994, after a behind-closed-doors court hearing.

Under questioning by Crown counsel Peter Eccles, lawyer Mark Diel told the six-man, five-woman jury that Peniston said he went to Michael Scott's law office with an un-named person who signed the name of his ex-wife to a document.

Peniston allegedly fabricated the document on or about May 11 and gave false evidence that the proceeds from two pension policies administered by Bermuda Fire and Marine Ltd. went to his ex-wife, Sylvia Oreeta Peniston.

Mr. Diel said Peniston told the December 20, 1994, hearing before Pusine Judge Norma Wade (now Wade-Miller) that he had used the majority of the $24,978.26 from the pensions toward the first year of his legal education.

When Peniston's lawyer Julian Hall directly asked him who told the broadcast media a warrant had been issued, Mr. Diel said he did not have the "faintest idea.'' This comes during the sixth day of the trial in which Peniston denies three counts of perjury, two counts of fabricating evidence, two counts of theft, and three counts of fraudulently concealing property.

Peniston, 53, allegedly cashed in two J.S. Darrell pension policies worth $14,016.82 and $10,961.64, both property of his ex-wife. The offences are said to have occurred in 1994 after the Receiving Order had been issued during his bankruptcy hearings.

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

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

Mr. Diel denied he had a conflict of interest in pursuing the case against Peniston when questioned by Mr. Hall.

But he admitted that Saul Froomkin, representing Robert Thompson, Peniston's former business partner, had joined him in applications to the court during earlier hearings.

Mr. Hall also asked Mr. Diel if he knew Thompson had told Peniston he would pursue him until he "had no pot to p*** in''.

Mr. Diel answered: "I don't know if he said those words. Peniston did say he did. My understanding was Thompson wanted to destroy him or cripple him.'' He added: "My job was to gather the details of the assets and liabilities. I do take instructions from the body of the creditors. No, I did not enjoy it.'' Mr. Diel denied he tried to halt Peniston's plans for further education by contacting the University of Buckingham.

Mr. Hall asked: "Was it part of the old boy's network, these calls back and forth, even to your old tutor at the University?'' "I did not want him using the $25,000 to finance his education without the creditors knowing about it,'' Mr. Diel answered.

The trial continues today before Puisne Judge Vincent Meerabux.