Para-athlete faces jail after allegations that Debbie O’Connell, a former soldier and gold medal-winning athlete, misrepresented the extent of her disability in a £2.4 million compensation claim against the Ministry of Defence.
O’Connell, 37, fractured her collarbone in four places during a 2015 training accident while part of the Royal Horse Artillery’s ceremonial unit, the King’s Troop. She later claimed the injury left her left arm almost unusable. After leaving the army, she built a successful para-athletics career, winning gold medals in cycling at the 2018 Invictus Games in Sydney.
In September 2018, O’Connell filed a £2.4 million damages claim against the Ministry of Defence. The claim was later reduced to £1.74 million but was dismissed by a High Court judge last year due to what was described as “fundamental dishonesty.”
Judge Christopher Kennedy KC ruled that her claims of ongoing pain were “must be dishonest” after surveillance footage showed her performing everyday tasks such as leading a horse and chopping vegetables. O’Connell was ordered to pay over £200,000 in legal costs.
The case returned to court after the Ministry of Defence applied for her to be committed to prison for contempt of court, alleging she lied about the severity of her disability during the compensation proceedings.
Mr Justice Coppel allowed the contempt proceedings to move forward. He stated it was in the “public interest” for such applications to proceed when claims were found to have been “prosecuted on a false basis.”
During the original trial, the court heard that O’Connell claimed chronic pain in her left arm and shoulder, which led to her discharge from the army two years later. She argued her fall was caused by oversized riding boots and being assigned a horse prone to bucking.
The Ministry of Defence disputed her claims, alleging she exaggerated her injuries while “dishonestly” competing in the T46 para-athletics category. This category is for athletes with limb impairments comparable to a unilateral above-elbow amputation.
MoD barrister Niazi Fetto KC stated O’Connell relied on “her dishonest pursuit of a para-athletics career in the knowledge that her condition does not fall within the T46 category.” Surveillance footage allegedly showed her using her injured arm in daily tasks, including leading a horse and preparing food.
O’Connell denied any dishonesty. She told the court that she had accurately described her condition when assessed and had been assigned the classification accordingly. She emphasized that as a trained soldier she was taught to “push through pain” while rebuilding her life after injury.
O’Connell competed at the 2018 Invictus Games, winning two gold and two silver medals. She later participated in sprinting and CrossFit competitions. Judge Kennedy noted that by 2022 she reported needing assistance with cutting food, preparing drinks, bathing, and dressing. He observed that surveillance footage suggested near normal function in her left upper limb.
The judge concluded: “This is a claim which I have found to be fundamentally dishonest. The claimant has persisted with her dishonesty over a long period. She has sought to engage others and her attempts to conceal the truth have been sophisticated.”
At last week’s hearing, MoD lawyers argued that pursuing contempt proceedings was in the public interest. Contempt of court carries a maximum sentence of two years in prison.
O’Connell’s barrister, Ian Denham, countered that she had already suffered the loss of her claim, substantial legal costs, and public findings of dishonesty. He also highlighted that the civil standard of proof applied in the original ruling is lower than the criminal standard required for contempt.
Mr Justice Coppel ruled that there were strong findings of fundamental dishonesty and permitted the MoD to pursue all allegations. A further hearing will now determine whether O’Connell is in contempt of court and if she will face imprisonment.
