The Swiss woman convicted of money-laundering was yesterday sentenced to five years' jail at Cork Circuit Criminal Court as Judge Patrick Moran warned that Ireland must not become a haven for criminals from abroad.
"The criminal classes of Europe must know that if they deposit the proceeds of crime here they will be treated severely," he said. Before sentencing Maria Bernadette Jehle (47), of The Priory, Cobh, Co Cork, on two charges, he was highly critical of the AIB bank in Cahir, Co Tipperary, which had failed to report her financial dealings to its money-laundering section, despite being obliged by law to do so.
He said that when 500,000 deutschmarks (then worth about £209,400) arrived in her account in August 1996 from Switzerland, the bank must have been suspicious. However "they were only concerned with the debt that had accumulated on Jehle's account in the bank and not with the legislation".
The bank took over £169,000, which was the amount owed by Jehle on a loan it had given her.
"I hope in the future the bank will have more regard for the legislation," said Judge Moran.
He praised the TSB bank in Midleton which did make a report to its money-laundering section when 800,000 French francs - about £90,300 - was deposited in Jehle's account there in May 1997.
"Only for the action of the TSB in Midleton, this case may never have come to light," the judge said. He was also critical that £64,000 of the £90,000 was used to fund partially Jehle's legal fees. During the trial, evidence was given which showed a French dentist, Dr Patric Gueniot, was defrauded of this money.
The rest of the cost was borne by the Irish taxpayer through the Legal Aid scheme, he added, although Jehle lived in a property worth £1 million.
"This is most unusual and came about because I was told you couldn't raise money on your property because the company which officially owned it, Gidlow, was not properly registered by you. It is further complicated by the fact that the company is now dissolved," he told Jehle. "I cannot help wondering whether this omission was for some ulterior motive."
Mr Tom Creed, for Jehle, said that the defence team's initial applications for legal aid had been refused, and the late Mr Justice Shanley eventually allowed the £64,000 to be paid out on the understanding it would ultimately be recouped.
The 10-week trial of Jehle was the longest before a Circuit Criminal Court. It involved the evidence of 43 witnesses from seven countries, ending on August 20th last.
It centred on two frauds - allegedly carried out by Jehle's son, Peter, and Mr Sven-Uwe Palisch, a German national, who gave evidence for the defence - on Dr Gueniot and on a German hotelier and businessman, Mr KlausJurgen Wiese.
They parted with money for deposits on business deals being arranged by Mr Palisch and Mr Peter Jehle, but never saw their money again. Some of it ended up in the Irish bank accounts of Bernadette Jehle, who was arrested in May last year.
Throughout the trial Jehle protested her innocence and yesterday, after 45 days in Limerick Prison awaiting sentence, she appeared in court wearing a black top with red letters proclaiming: "I'm not guilty".
Judge Moran said he was "somewhat concerned" by this, as it almost amounted to contempt of the jury and the court.
After a short adjournment, Jehle reappeared, wearing a plain navy top, and her counsel, Mr Blaise O'Carroll SC, said she fully accepted the lawful verdict of the jury and did not intend to offend.
"She merely wished to state her position and her feelings," said Mr O'Carroll.
He described her as an "energetic, hard-working, gregarious person who enjoys being involved in the game of life".
Judge Moran told Jehle she stood convicted of two very serious offences, involving large amounts of money totalling nearly £300,000.
In sentencing her, he was having regard for the fact that as a foreign national she would find prison "not the easiest thing in the world". He dated the sentence, five years concurrent on each charge, from August 20th and refused leave to appeal.