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Ex-wife never got pension money, jury is told

A jury yesterday heard how a former senator discussed giving the proceeds of two pension plans to his ex-wife some time before having to fight bankruptcy hearings.

But Sylvia Oreeta Peniston revealed in court that Llewellyn Peniston -- from whom divorce proceedings were complete in 1988 -- had not paid her any money from the policies.

Ms Peniston said he handed her several documents on May 11, 1994 which she signed without reading.

And she was later upset to learn details of one document -- dated September 9, 1987 -- that purportedly directed money from the pension policies to her.

She was testifying on the eighth day of a Supreme Court fraud trial of Peniston before a six-man, five-woman jury.

The Crown alleges her ex-husband 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.

He is also accused of hiding the sale of $475 worth of jewellery from the Receiver in his bankruptcy.

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

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

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

When asked by Crown counsel Peter Eccles if it were true the proceeds were to come to her, Ms Peniston said: "Yes, that's correct.'' "That is true?'' a stunned Mr. Eccles replied.

"That is correct,'' she answered.

Earlier Ms Peniston said she had a dinner that spring with Peniston at Hamilton's Portofino Restaurant where he asked if she could help him.

Later, Ms Peniston said she had been thinking about discussions with her ex-husband about the pensions and said they occurred "some time'' after the divorce.

Again a seemingly surprised Mr. Eccles said: "Prior to the restaurant meal?'' "I'm sure it was before then,'' she answered.

Ms Peniston said in recent days she has had a chance to reflect on "events that had been going on'' due to an illness.

She said she thought Peniston was having financial difficulties during the spring of 1994 and said that before leaving the Island in May, he did mention coming into some money but did not say how much.

She admitted Peniston did not give her any money on or about May 11, 1994 and was concerned that despite promising he would, he did not discuss his affairs before leaving.

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.

And 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 trial continues today before Puisne Judge Vincent Meerabux.