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Prosecution closes its case in Peniston trial

The Crown closed its case in a Supreme Court fraud trial after a key witness' deposition was read to the jury -- but only after she was found too ill to testify further.

The six-man, five-woman jury spent the majority of the day out of the courtroom as defence lawyer Julian Hall and Crown counsel Peter Eccles engaged in legal arguments.

Defendant Llewellyn Peniston has denied the three counts of perjury, two counts of fabricating evidence, two counts of theft, and three counts of fraudulently concealing property.

But in the deposition of his ex-wife Sylvia Oreeta Peniston from a preliminary inquiry on March 12, 1998 in Magistrates' Court, she admits that there were no letters sent between her and her ex-husband and that all correspondence was between lawyers.

Ms Peniston -- who was too ill to testify in court yesterday -- also admitted that she asked Peniston for assistance in paying their son's school fees, since she was in arrears.

She states that he agreed to help her, but later came to her place of employment and asked her to sign two documents as quickly as possible because "they were after him''.

"He said he would explain everything later -- just sign,'' Ms Peniston's deposition read.

But she states: "I was concerned when I received copies on May 24, 1994 and I realised I had signed something that was totally untrue.'' But during cross-examination, Ms Peniston admitted to Mr. Hall that she knew one of the documents she signed was an affidavit in her name, although she denied ever going to a lawyer to sign an affidavit.

She agreed with Mr. Hall when he said: "The bottom line was that he (Peniston) would do whatever was necessary with your general concurrence to marshal resources for his education and the child -- including marshalling the insurance policy away from bankruptcy for the benefit of the child and himself.'' The Crown alleges 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.

Ms Peniston previously revealed in court that her ex-husband had not paid her any money from the policies, although she admitted making pension funds available to him.

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

He is alleged to have used the money to fund law studies at the University of Buckingham in the UK.

The trial continues today before Puisne Judge Vincent Meerabux.