Trial over alleged €5,000 theft from Wicklow pensioner ends in hung jury
The Wicklow PeopleThe trial of a Limerick woman, accused of possessing money that was the proceeds of criminal conduct after €5,000 was allegedly withdrawn from a pensioner’s bank account, has ended with a hung jury.
Marleine Yav (37), with an address at the Limerick City Hotel, Lower Matthew Street, County Limerick, appeared at Wicklow Circuit Criminal Court on Wednesday, February 4.
The accused is charged with possession of property that is the proceeds of criminal conduct, contrary to Section 7(1)(a)(ii) and Section 7(1)(b) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010.
Barrister for the prosecution, James Kelly BL, opened the case by outlining the alleged facts, claiming that Ms Yav engaged in converting, transferring, handling, acquiring and possessing property that was the proceeds of criminal conduct, namely €5,000, while knowing or believing, or being reckless as to whether the said property was the proceeds of criminal conduct.
The victim, Elaine Hennessy, testified that she was contacted by her bank to inform her that suspicious activity had taken place and that €5,000 had been withdrawn from her account on May 14, 2021.
Ms Hennessy, who is a pensioner, told the court that she had set the account up to pay her mortgage while living in South Africa and that it was used solely for that purpose. She remarked: “I gave no permission for any money to be taken from my account.”
Ms Hennessy informed the court that the money was returned and that she is still unaware how the bank did not stop the transaction.
She noted that she never received a direct response from her bank, but “just a generic statement”.
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The defendant’s bank, AIB, paid a large portion of the money taken, with Ms Hennessy paying the remaining balance.
Jamie White, a fraud investigator with AIB, told the court that after being contacted about the alleged fraud, he completed a Section 19 report and made a “swift recall” for the money.
He explained that the money entered Ms Yav’s account and that a block was placed on the account following a large number of ATM withdrawals in Limerick on May 15 and 16, 2021.
The court heard that the defendant’s account was opened in Wicklow town after she provided the required core documents.
Mr Kelly told the court that Ms Yav came to Ireland in 2018 from the Democratic Republic of Congo and was residing in the Grand Hotel in Wicklow town in international protection applicant accommodation.
Defence counsel, Edmund Sweetman BL, pointed out that most purchases on his client’s account were debit transactions for household items and food.
Counsel argued that most of the funds were still in the account, with the court hearing that €4,000 was withdrawn by Ms Yav’s husband, with CCTV footage shown in court. It was noted that she had a balance of €4,400 prior to the alleged fraud.
Ms Yav was told to remove the remaining money from her account as AIB was in the process of closing it.
Mr Sweetman asked Mr White if he was familiar with the term “a run on the bank” and the catastrophic effect it can have. Mr White stated that he was aware of the term and that the Northern Rock incident was the most recent example.
Mr Sweetman remarked that such incidents are more common in less stable countries and that banking systems in Ms Yav’s home country are not stable. He said her reaction, when she believed someone was “fiddling” with her account, was to withdraw the funds.
The accused’s remaining funds stayed in her account for over one month.
Detective Garda Ian Doyle testified that he is part of the Wicklow Detective Branch and was made aware of the alleged theft after receiving a Section 19 report from the bank, which notifies gardaí of any alleged criminal activity.
Gardaí received special permission to contact Ms Hennessy and received a Section 63 order from Judge David Kennedy in the District Court, which gives gardaí permission to obtain personal banking information.
Ms Yav was arrested in late July 2022 and brought to Henry Street Garda Station in Limerick.
A copy of the memorandum of interview was given to the jury, with the court hearing that it was established during interview that Ms Yav lives with her husband and that she stated she was the only person with access to her bank account.
She told gardaí that she had been receiving small amounts of money and accepted that €5,000 from Ms Hennessy had gone into her account.
Ms Yav said she regretted losing the account and explained that it was not one she normally used for day-to-day transactions, as it was primarily for household bills.
She stated that she paid for a buggy using an app but became concerned when she noticed transactions she did not recognise.
Ms Yav said during the interview that she asked a bank teller about the activity but was told they could not understand it.
The jury heard that bank statements showed the account was credited on May 14, 2021. Ms Yav told gardaí that it was not her who withdrew the cash. She explained that she could not use her bank card and that cash had to be withdrawn instead.
During interview, she was informed that her husband was seen on CCTV withdrawing the money, with seven clips played in court showing ATM withdrawals at an AIB building in Limerick.
When asked if she accepted that she had acted recklessly, Ms Yav replied that, to her understanding, she had informed the bank that the money was not hers.
The court heard that the defendant’s bank statements matched the CCTV evidence.
On day two of the trial, on Thursday, Det Doyle continued his testimony, with Mr Sweetman questioning him as to whether he gave Ms Yav advanced notice or simply arrived at her accommodation.
Det Doyle stated that he made contact with her husband first, where he alleged that he made several references to the victim. It was noted by defence counsel that this was an “unofficial conversation”.
Mr Sweetman enquired about Ms Yav’s behaviour during interview, with Det Doyle stating she was “quite eccentric”.
Some background was provided as to the accused’s situation, with the court hearing that her first child was born with autism and that she has poor English, meaning she required an interpreter during her trial.
A French translator was provided to Ms Yav during interview, Det Doyle told the court.
The final witness in the prosecution’s case was the former branch manager of the AIB bank in Wicklow town, with Mr Sweetman asking her whether money lodged into a bank account belongs to the account holder or the bank.
The manager told counsel that she was not aware and would need to check the bank’s terms and conditions.
Both sides delivered their closing statements and Judge Patrick Quinn gave the jury their charge before sending them to deliberate.
The jury returned at 12pm on Thursday, February 5, after already being told they could accept a majority verdict.
The foreman told the court that they were unable to reach a verdict.