Woman who faked her own death in 'deliberate scheme' to avoid court trial is jailed

Natasha Reid and Eimear Dodd

A woman who faked her own death in a “deliberate scheme” to avoid a Circuit Criminal Court trial has been jailed for three years.

Amy McAuley (35) had been due to stand trial at Dublin Circuit Criminal Court in January 2023 on theft and attempted deception charges, after she used altered documents to take out a €10,000 loan from KBC Bank in 2018 and later unsuccessfully attempted to obtain a second €5,000 loan.

However, the trial did not go ahead as McAuley, while pretending to be a sister, had earlier contacted gardaí and told them she had passed away.

Death notices

McAuley with addresses in Connagh, Fethard-on-Sea, Co. Wexford and Navan Road, Dublin 7 also submitted a false death notification form to Wexford County Council in January 2023 with death certificates later issued using English and Irish spellings of her name.

Gardaí became aware in mid-2023 that McAuley was alive and began an investigation.

They discovered three death notices for McAuley on RIP.ie. One stated McAuley had died in France while a second was added by a fictitious undertaker she had created.

McAuley told gardaí when interviewed that she knew she was in trouble again, could not face coming to court and did not want to leave her young child.

She also stole over €55,000 from an employer in 2015 - €6500 of which was repaid - and over €3,000 worth of mobile phones from Three Ireland in 2021.

During the investigation, it came to light that McAuley had also told her employer in 2023 that she had died.

While a claim for the company's death in service benefit was pending, McAuley, again pretending to be a sister, contacted the company claiming that money was required for surgery for the defendant's young child.

The company then made a goodwill payment of €9,000.

The court heard that McAuley acted alone and there is no evidence that she had been living a lavish lifestyle.

Planned deception

Imposing the sentence on Thursday, Judge Orla Crowe said this was “not opportunistic or spontaneous” offending, but a “deliberately planned deception” involving significant breaches of trust.

The judge said some of McAuley's offending was at the “boundaries of what could almost be deemed acceptable behaviour”. She said that McAuley faking her death to avoid a court case was a “deliberate scheme to pervert the course of justice”.

Judge Crowe noted McAuley's offending took place over a “protracted period of time”, was intentional and required “substantial planning”.

She said the amount of money involved and McAuley's previous convictions were also aggravating factors. The court was told the majority of the money stolen has not been repaid.

The judge noted the mitigating factors, including McAuley's guilty pleas, expressions of remorse, family support and medical and mental health difficulties.

She imposed a global sentence of four years and suspended the final 12 months on strict conditions for four years.

The judge directed McAuley to place herself under the supervision of the Probation Services for 12 months post-release.

Judge Crowe also asked that all of McAuley's medical reports be made available to the prison governor.

McAuley has a young child who has health issues, and McAuley has medical and mental health difficulties, including schizo-affective disorder. She is also pregnant with her second child.

Rebecca Smith BL, defending, told the court earlier this month that the probation report was positive, and handed in further medical reports and updated letters from McAuley, her husband and family members.

She said McAuley was living a “crazy, chaotic existence”, which has now stabilised.

Ms Smith submitted to the court that her client will have “no real prospect” of future employment, suggesting that money could be deducted from social welfare payments.

McAuley pleaded guilty to one count of the use of a false instrument through submitting a false death notification form to Wexford County Council on January 19th 2023.

She also pleaded guilty to attempting to pervert the course of justice on January 23, 2023 and to a count of forgery of a medical report on November 23, 2022, both at Dublin Circuit Criminal Court at the Criminal Courts of Justice, Parkgate Street.

McAuley also pleaded to a second count of using a false instrument, a medical certificate, at Pearse Street Garda Station on May 28th 2021 and attempted deception in 2018.

She further entered guilty pleas to five counts of theft and one of possession of the proceeds of crime on separate dates between November 2015 and May 2023.

Previous convictions

McAuley has four previous convictions for theft and deception offences. She received a sentence of two years, suspended for 10 years in November 2015 for the theft of just under €111,000 from a former employer.

She repaid €30,000 on the day of sentence but the balance is outstanding, the court has previously heard.

The court previously heard that McAuley obtained a €10,000 personal loan from KBC Bank in 2018 using altered documents she had taken from her then employer.

That same year, McAuley made a second unsuccessful application to the same bank for a €5,000 loan using altered identification documents.

After her arrest in May 2019, McAuley made admissions, apologised and accepted she had not repaid any of the €10,000 loan. She was charged and sent forward for trial before the Circuit Criminal Court.

Gardaí contacted McAuley in May 2021 to interview her as part of a separate investigation into the theft of nine mobile phones, worth €3,199, from Three Ireland in July 2020.

McAuley told gardaí in late May 2021 that she was unwell and provided a medical report stating she was unfit for interview, which was later found to be a forgery.

In December 2021, gardaí were contacted by McAuley, claiming to be a sister, who said the defendant was in treatment and would contact them afterwards.

The following May, McAuley, now claiming to be a sister called 'Winnie', told gardaí that the defendant had passed away.

False death notification

McAuley submitted a false death notification form to Wexford County Council on January 19th 2023 with death certificates later issued in McAuley's name and her name in Irish.

She had been due to stand trial in January 2023 on the theft and fraud offences relating to the 2018 incidents, but this did not go ahead as it was believed she was dead.

McAuley, pretending to be 'Winnie’, rang gardaí in May 2023 to get an email address to send a death certificate to and gave her telephone number.

Later, a female solicitor contacted gardaí and provided the same number. McAuley made both of these calls, the court heard.

A death certificate was later emailed to gardaí by a firm of solicitors, unaware of McAuley's deception. During their investigation, gardaí discovered three death notices for McAuley on RIP.ie.

The first stated that McAuley had died in France, and was removed after her mother told the site the defendant was not dead.

A second notice was uploaded to the site on January 4th 2023, by a fictional undertaker, created by McAuley. This notice stated that McAuley had died on December 26th 2022 and included details of a funeral and cremation.

Gardaí confirmed no records existed that these had taken place. A third death notice appeared in McAuley's Irish name, saying she had died in Belfast.

Gardaí obtained two death certificates for McAuley from the general registry in June 2023, one of which used her Irish name.

Doctors confirmed they had not signed the death notification forms, which had been used to obtain these death certificates.

The court heard that gardaí became aware that McAuley was alive and carried out a search of her home in Co. Wexford on June 24th 2023.

She was living there with her husband, who was unaware of her activities, and her young child.

A booklet of death notification forms were found during the search along with banking information and identification for 'Winnie'.

McAuley admitted ordering the nine phones from Three Ireland in 2020 and sending a false medical certificate to gardaí in 2021.

She also confirmed that a mobile phone number used during these incidents was hers.

In January 2023, a Northern Irish company, which McAuley had been working for remotely, was told she had died the previous month.

The company contacted the next of kin listed on McAuley's employee record by email. McAuley – pretending to be her father - replied, confirming her death.

While a claim for the company's death-in-service benefit of €96,000 was pending, 'Winnie' contacted them in May 2023.

'Winnie' said she needed money from the death-in-service benefit upfront to cover surgery costs for McAuley's young child.

Goodwill payment

The company made a goodwill payment of €9,000 on May 15th 2023, into McAuley's AIB account. This has not been repaid, the court was told.

The court also heard that McAuley was working as an assistant accountant in 2015 when a colleague saw a media report about her conviction.

When asked about this, McAuley confirmed it was her and immediately resigned.

An internal investigation identified that McAuley had given her account details to some clients when her then-employer introduced a new electronic payments system. Clients believed they were making payments to the company.

One affected client made electronic transfers of approximately €49,100 to her account, to pay invoices owed to McAuley's employer.

This money has never been repaid to her then-employer, the court was told.

A Tipperary co-op also paid around €6,500 to McAuley's account. She later repaid €6,550 to her then employer.

McAuley stole nine mobile phones, worth €3,199, from Three Ireland in July 2020, ordered online using were ordered online using false documents.

When interviewed, McAuley said she used the money from the theft of the phones to cover rent and medication.

The court also heard that the Director of Public Prosecutions appealed the sentence imposed on McAuley in 2015 on the grounds of undue leniency.

The Court of Appeal declined to change it, instead giving McAuley seven-and-a-half years to repay the money, but no further payments were made.

It was accepted when gardaí arrived to search her home in June 2023, she told them she knew why they were there and that her husband was not involved.

It was further accepted that McAuley acted alone, and there were no indications she had been living a lavish lifestyle.

Letters of apology, medical reports and other documents were handed to the court.