Two family members of a former Post Office worker who died an alcoholic after being wrongly convicted are locked in a bitter court dispute over her £578,000 compensation payout.
Dawn O’Connell, a former branch manager at Northolt between 2000 and 2008, was one of hundreds of workers wrongly convicted over the use of the Post Office’s Horizon accounting software – a scandal that was immortalised in the ITV drama Mr Bates vs The Post Office.
In August 2008, Ms O’Connell was given a 12-month suspended sentence at Harrow Crown Court on five charges of false accounting.
Her conviction was overturned after the IT scandal – later pinned down to faulty software in the Post Office’s accounting system, which made it look like money was missing from the branches – came to light.
However, she struggled to cope with the “stigma” of the ordeal and suffered severe bouts of depression.
She eventually succumbed to alcoholism and died, aged 57, in September 2020.
The Post Office posthumously issued Ms O’Connell with a £578,000 compensation package.
That has now led to a court dispute involving Ms O’Connell’s surviving son Matthew O’Connell, 38, and her brother Mark O’Connell, 61.
As her son, Matthew is set to inherit her estate of around £600,000.
However, her brother is fighting for £330,000, claiming his sister owed him money when she died and wanted him to share her compensation as he had helped her to pursue it.
The case reached the High Court last week, as Mark, a former security consultant, asked a judge, Deputy Master Joanna Lampert, to allow the case to proceed – despite vital case papers having been filed too late.
At Ms O’Connell’s posthumous appeal in March 2021, her barrister Ben Gordon KC set out the devastating impact of her wrongful conviction.
“She became increasingly isolated, ultimately reclusive, as described by her family, and struggled desperately to deal with the stigma of her conviction,” he said.
“She suffered with severe bouts of depression. She did receive treatment, medication and counselling, but she sunk inexorably into alcoholism.
“In her latter and final years, I understand that Ms O’Connell made repeated attempts upon her own life. In September of last year, her body succumbed to the damage caused by her sustained abuse of alcohol and she died tragically at the age of 57.”
Ms O’Connell ultimately left an estate worth about £600,000, almost entirely made up of the £578,000 compensation eventually paid out by the Post Office.
Claiming a payout from the estate, her brother Mark says he helped Ms O’Connell financially over the years, as well as playing a key part in pursuing her claim when she was too unwell to do so herself, on the basis that they would split any payout.
Explaining the background, his barrister Erol Topal told the court: “He claims just under £333,000 from the estate pursuant to an agreement he reached with Dawn prior to her death.
“Mark had supported her to make a claim for damages arising out of the Post Office Horizon scandal – a claim she could not have pursued without his substantial help and support.
“She agreed that, if successful, she would share equally with him any damages, and repay him other sums he’d provided to support her during difficult episodes in her life.
“If nothing was recovered, it was agreed that Dawn would owe him nothing – including pre-existing debts.
“If, as Mark contends, his late sister reached the agreement he asserts, it is reasonable to expect that but for her untimely death his sister would have honoured that agreement.
“Should Mark be prevented from making his claim, (her) estate would benefit from a significant windfall which – on Mark’s case – would not have been consistent with Dawn’s wishes.”
But Mark faces a stiff legal hurdle before his claim can go ahead, as his nephew says he should be barred from proceeding as his lawyers missed a strict 16 May deadline fixed for filing vital court papers.
Greg Leckey, barrister for Matthew O’Connell, in court argued that Mark’s legal team had clear notice that it was vital not to miss this deadline.
There had been a failure “to comply with a clear court order” requiring him to meet the fixed deadline for submitting the documents, and there was no compelling good reason for that failure.
Responding, Mark’s barrister said the broken deadline occurred despite his solicitor’s “diligent” steps to ensure compliance by attending court in person with the necessary documents the day before the deadline.
“The breach occurred because he was unable to have the claim issued that day – instead being instructed to insert the envelope containing the court papers into the drop box (at court),” he said.
He added that eliminating Mark’s claim before it can even get off the ground would be a drastic consequence for a mistake which was “no fault of his own”, while it would also be unjust to bar his case from being heard.
“It is therefore important that his claim against the estate is examined and determined by the court.”
As well as a half share of the compensation payout, Mark’s claim includes money which he says his sister owed him when she died.
The judge has now reserved her decision on whether Mark’s claim can go ahead until a later date.
Speaking after the court hearing, Mark said his sister’s 2007 arrest was “like a nuclear bomb” for her.
“The life just drained out of her,” he said.
“She had been a deeply responsible and highly dignified person who was helpful to everyone. Everyone loved her. But the day she was arrested she basically died.”
He said he had supported his sister in the years after her wrongful conviction, helping her out financially and with her compensation claim, pushing on after she was offered £18,000 to settle.
“I was her spokesperson all the way through,” he said.
“I said to her that if we were successful once all the legal fees and money was paid back to me we will go down the middle with the money.”
If you are experiencing feelings of distress, or are struggling to cope, you can speak to the Samaritans, in confidence, on 116 123 (UK and ROI), email jo@samaritans.org, or visit the Samaritans website to find details of your nearest branch
If you are based in the USA, and you or someone you know needs mental health assistance right now, call or text 988, or visit 988lifeline.org to access online chat from the 988 Suicide and Crisis Lifeline. This is a free, confidential crisis hotline that is available to everyone 24 hours a day, seven days a week. If you are in another country, you can go to www.befrienders.org to find a helpline near you.
