AN award-winning para-athlete who was caught out using her “injured” arm normally has lost her bid to sue the Ministry of Defence for millions.
The former soldier who originally sued for £2.4million after falling off an army horse, has been slammed by the judge as “fundamentally dishonest.”
Champion News Service LtdDebbie O’Connell, 37, sued the MoD for £1.74million[/caption]
Supplied on research/identification service basis only by Champion NewsShe claimed that the MoD was responsible for her falling of an army horse in 2015[/caption]
GettyPost injury, O’Connell turned her hand to para-athletics[/caption]
Debbie O’Connell, 37, claimed she fell off an army horse due to her being given riding boots that were two sizes too big for her.
The rider was part of the Royal Horse Artillery’s crack squadron, the King’s Troop, when the incident occurred in 2015.
O’Connell, of Lincoln, fell from a bucking parade horse, resulting in a broken collarbone.
The soldier later claimed that this injury rendered her left arm virtually useless.
This led her to quitting the army, however, she went on to forge a successful career as a para-athlete.
This saw O’Connell win gold medals for cycling at the Invictus Games in 2018, sprinting at European and world level, and becoming a leading CrossFit competitor.
In 2018, she launched a £2.4million compensation claim against the MoD, which was later reduced to £1.74million.
The ex-soldier claimed that she fell due to the size of her riding boots, and being put on a horse which had a tendency to buck and throw riders.
She claimed that the incident left her with little function in her left arm and needing major assistance with everyday tasks.
London‘s High Court heard evidence that her granny even helped her clean her teeth by putting the toothpaste on the brush.
However, O’Connell was later accused of exaggerating these symptoms after secret video footage showed her using the injured arm while mucking out and leading horses, driving a manual horse box and chopping carrots to feed the animals.
High Court Judge Christopher Kennedy KC has since ruled that despite her claims that the arm doesn’t effectively work, she in fact by 2022 had “normal or near normal” function in her arm.
The judge said: “It was put to the claimant that she presented on the surveillance as not disabled at all. She denied that.”
But he went on to find that the 2022 surveillance video of her working with the horses shows “someone with normal or near normal function in their left upper limb and shoulder.”
He added: “That is what I find the claimant had at that time.
“I do not accept her accounts of continuing pain and hypersensitivity.
“I find her evidence in relation to her symptoms must be dishonest.”
Throwing out her claim, he also found that her boots had indeed been “oversized,” but that they did not contribute to or cause her accident.
Judge Kennedy said that by 2022 when the surveillance footage was shot Ms O’Connell was still reporting that she “needed assistance with cutting food and preparing hot drinks along with aspects of bathing and dressing.
“She reported that her pain remained the same as before and it restricted her daily activities”.
But the footage showed a different picture.
In addition to showing her mucking out horses, the video showed O’Connell using both arms to pull a load on a trolley – at one stage, she reportedly briefly used the left arm alone.
Judge Kennedy did recognise the severity of the injury saying: “The evidence shows that, for some time after it occurred, the accident had serious disabling consequences for the claimant.”
However, he went on to add: “Notwithstanding the matters set out above, I am afraid that my conclusion is that the evidence that the claimant has been dishonest is overwhelming.
“This is a claim which I have found to be fundamentally dishonest.
“The claimant has persisted with her dishonesty over a long period.”
Judge Kennedy continued: “She has sought to engage others and her attempts to conceal the truth have been sophisticated.”
Champion News ServiceVideo evidence of the ex-soldier has shown her using her injured arm like “normal”[/caption]
Supplied on research/identification service basis only by Champion NewsA judge has ruled Ms O’Connell “dishonest”[/caption]
The court heard that Ms O’Connell shattered her left collarbone in four places, leading to damage which she claimed left her with chronic pain.
Fighting the claim, the MoD accused her of “fundamental dishonesty.”
It argued that O’Connell had exaggerated the impact of her injuries to boost her case, while “dishonestly” pursuing a para-athletics career in a category she “does not fall within.”
MoD barrister Niazi Fetto KC said she “has relied upon her dishonest pursuit of a para-athletics career in the knowledge that her condition does not fall within the T46 category.”
When giving evidence, O’Connell denied being dishonest, insisting that her damages were genuine.
She claimed that allegations of “cheating” were “not credible”, arguing that she fit squarely into the T46 position.
She told the court she had simply “described my condition” when asked and been given the classification.
However, the court’s findings mean that even thought she had brought a valid claim against the MoD, it would have been dismissed.
As well as this, it is now likely that she will face a massive bill for the cost of the case.
However the judge went on to find that her claim would have failed in any case.
On the point about her boots being too big, he said: “I find that the claimant’s boots were over-sized.
“I have gone on to consider whether the size of the claimant’s boots or her stirrup position played a role in her fall from [the horse]. I find that neither did.”
Dismissing the claim that the horse was dangerous, he said the animal had been “a suitable horse for a novice rider such as the claimant.”
He also dismissed the claim that a serious injury had been foreseeable, ruling instead that Ms O’Connell had simply been “unfortunate” in falling and hurting herself so badly.
O’Connell had been training as a mounted gunner with the King’s Troop, but ended up being discharged from the forces two years later.
The King’s Troop is tasked with driving teams of six horses pulling First World War era cannons during high-profile public displays.
Champion News Service LtdO’Connell will now likely face a substantial bill for the cost of the case[/caption]
Supplied on research/identification service basis only by Champion NewsThe ex-soldier denies being dishonest[/caption]
GettyO’Connell obtained gold medals for cycling at the Invictus Games in 2018[/caption] Published: [#item_custom_pubDate]
