The defence team in the Supreme Court fraud trial of a former UBP Senator Llewellyn Peniston won points yesterday when the jury was instructed to find him not guilty on two counts of theft.

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.

The six-man, five-woman jury spent less than ten minutes in the courtroom yesterday as Crown counsel Peter Eccles and defence lawyer Julian Hall were involved in legal arguments.

The Crown had alleged that Peniston hid the proceeds from cashing in the pension policies -- worth $14,016.82 and $10,961.64 administered by Bermuda Fire and Marine Ltd. -- which were both the property of his ex-wife.

His ex-wife, Sylvia Oreeta Penison, testified -- shortly before becoming too ill to testify further -- that she had made the pension funds available to him.

The Crown had also accused Peniston of hiding the sale of $475 worth of jewellery from the Receiver in his bankruptcy.

Earlier, Astwood & Dickinson employee Tanya Storey said she "vaguely'' remembered Peniston leaving two pieces of jewellery with a view toward a possible refund on May 3, 1994.

But she later admitted under cross-examination by Peniston's lawyer Julian Hall that she could not say whether the jewellery was brought in for repair or cleaning or for a refund.

The Crown closed its case two days ago, and the defence is expected to begin presenting their case today.