Woman who defrauded Department of Social Protection out of thousands through false payslips avoids jail

A Co Donegal woman who defrauded the Department of Social Protection out of over €8,000 has avoided going to jail but has been ordered to do 120 hours community service.

Ann Marie Doherty had pleaded guilty to a total of six charges of fraud after providing the Department with false payslips and other documents on behalf of her partner. Letterkenny District Court was told that a total of €8,021.67 had been defrauded by Ms Doherty, with an address at Leitir Beag, Letterkenny.

Judge Eiteain Cunningham had accepted jurisdiction in the case but did stress that it was "on the cusp". The case had been adjourned for the consideration of a Probation Report into 39-year-old Ms Doherty.

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She was charged that on July 27, 2022 at the Department of Social Protection Building at Oliver Plunkett Road in Letterkenny, did use an instrument to wit, a falsified AIB bank statement dated between April 24, 2022 and July 25, 2022, in the name of Hugh Daniel Sweeney which was, and which she knew or believed to be, a false instrument with the intention of inducing another person to accept it as genuine and by reason of so, accepting the said instrument to do some act or to make some omission, or to provide some service, to the prejudice of that person or another person to provide some service.

She was also charged that that on July 27, 2022 at the Department of Social Protection Building at Oliver Plunkett Road in Letterkenny, did use an instrument to wit, a falsified Watson Hire payslip dated July 7, 2022, in the name of Hugh Daniel Sweeney which was, and which she knew or believed to be, a false instrument with the intention of inducing another person to accept it as genuine and by reason of so, accepting the said instrument to do some act or to make some omission, or to provide some service, to the prejudice of that person or another person to provide some service.

Ms Doherty was also charged charged that that on July 27, 2022 at the Department of Social Protection Building at Oliver Plunkett Road in Letterkenny, did use an instrument to wit, a falsified Watson Hire payslip dated July 14, 2022, in the name of Hugh Daniel Sweeney which was, and which she knew or believed to be, a false instrument with the intention of inducing another person to accept it as genuine and by reason of so, accepting the said instrument to do some act or to make some omission, or to provide some service, to the prejudice of that person or another person to provide some service.

The accused was further charged charged that that on July 27, 2022, at the Department of Social Protection Building at Oliver Plunkett Road in Letterkenny, did use an instrument to wit, a falsified Watson Hire payslip dated July 22, 2022, in the name of Hugh Daniel Sweeney which was, and which she knew or believed to be, a false instrument with the intention of inducing another person to accept it as genuine and by reason of so accepting the said instrument to do some act or to make some omission, or to provide some service, to the prejudice of that person or another person to provide some service.

She was also charged that on March 1, 2023, at the Department of Social Protection Building at Oliver Plunkett Road in Letterkenny, did use an instrument to wit, a falsified Watson Hire payslip dated February 16, 2023, in the name of Hugh Daniel Sweeney which was, and which she knew or believed to be, a false instrument with the intention of inducing another person to accept it as genuine and by reason of so, accepting the said instrument to do some act or to make some omission, or to provide some service, to the prejudice of that person or another person to provide some service.

The final charge was that on March 1, 2023, at the Department of Social Protection Building at Oliver Plunkett Road in Letterkenny, did use an instrument to wit, a falsified Watson Hire payslip dated February 23rd, 2023, in the name of Hugh Daniel Sweeney which was, and which she knew or believed to be, a false instrument with the intention of inducing another person to accept it as genuine and by reason of so, accepting the said instrument to do some act or to make some omission, or to provide some service, to the prejudice of that person or another person to provide some service.

All charges are Contrary to Section 26 of the Criminal Justice (Theft and Fraud Offences) Act, 2001. The woman was granted legal aid in the case and her solicitor, Mr Patsy Gallagher, said his client was a married mother-of-two who had "fallen on hard times".

He said there was no loss to the State as the money had been paid back and that Ms Doherty was full of remorse and that he did not believe she would come before the courts again. Judge Cunningham sentenced the accused to 120 hours community service in lieu of four months in prison on one sample charge and took the other charges into consideration.

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