Former Louth nurse is jailed after getting paid for 99 shifts she never worked

By Francis Carroll, The Drogheda Independent

A 55-year-old woman who was paid almost €66,000 for work she never did as an agency nurse has been jailed for one year and two months.

Amanda Kerley, Mullenstown, Ardee, previously pleaded guilty to two theft charges in respect of offending which occurred between 2017 and 2019 when she was employed in St John of God North East Services, Drumcar, Co. Louth.

At a resumed sentence hearing in Dundalk Circuit Court, Judge Dara Hayes imposed concurrent terms of two years and eight months, the final eighteen months suspended.

He said that there had been little effort in six years for meaningful restitution before the matter came to court.

The defendant had €800 last October before gathering another €600 in the meantime.

The matter came to light when it was discovered that St John of God had paid two different agencies on nine occasions for the same shift of work she did.

Further investigation revealed that the defendant had been paid for 99 shifts she didn’t work.

The total loss to St John of God was €65,922.

There are four previous convictions, one for making off without payment and three under the Road Traffic Act.

Barrister Donough McDonough said that his client had only been able to raise another €600, “a drop in the ocean”.

She was getting no help from anyone else. On social welfare, she was putting aside €200 per month.

He appreciated that she was not making a substantial dent, but it was all she could manage.

Ms Kerley was vulnerable in terms of her health and lacking family support.

She had been a member of a valued profession and lost all of that. The defendant was ashamed, distressed and concerned, Mr McDonough continued.

Referencing reports which had been prepared, Judge Hayes noted that Ms Kerley didn’t appear to accept that she should be blamed for the full amount as it didn’t take into account tax or PRSI.

She said she only got €22,000 to €23,000 in actual benefit.

The judge remarked that the loss to St John Of God North East impacted on that organisation’s ability to provide services in the region.

Ms Kerley had been assessed at medium risk of re-offending due to misuse of alcohol and prescription medication for depression and anxiety.

A report outlined that she worked as a nurse for 28 years in Portrane, taking early retirement before returning to work part-time.

Married 34 years, only one of her children and one of her siblings were in contact with her.

She had not worked since the offending was uncovered.

The defendant had undergone successful alcohol counselling, but hadn’t discussed this counselling with her probation officer who reported that she appeared ambivalent about residential treatment.

Judge Hayes said it was clear Ms Kerley was of limited means. The available money was a considerable way short.

The offending was of a deliberate nature and of some significance and duration, and represented a significant breach of trust.

In mitigation were her remorse, guilty pleas, the steps she had taken and her personal circumstances.

The judge said that he noted in one report the impact a custodial sentence would have on Ms Kerley.

Until the case came to court there had been little effort in six years for meaningful restitution.

A sentence was imposed as outlined. Conditions of the suspension include that the defendant places herself under Probation Service supervision for 12 months post release and that she engages with addiction services.