By Telegraph Reporters

Copyright yahoo

The relatives of a late Post Office worker who was wrongly convicted during the Horizon scandal are in a court fight over her £578,000 compensation.

Dawn O’Connell died, aged 57, in September 2020, seven months before the Appeal Court overturned her conviction regarding cash shortfalls at the branch she had managed in Northolt, north-west London, between 2000 and 2008.

She was handed a 12-month suspended sentence at Harrow Crown Court in August 2008 on five counts of false accounting.

Struggling to cope with the “stigma” of the sentence, her health declined “dramatically,” she suffered severe bouts of depression and eventually succumbed to alcoholism.

A £578,000 compensation package was posthumously paid by the Post Office, which has now led to a court fight 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 – almost entirely made up of the compensation paid by the Post Office – but her brother is fighting for a share of £330,000.

The case reached the High Court last week, as former security consultant Mark asked a judge, Deputy Master Joanna Lampert, to allow the case to proceed, despite vital case papers having been filed too late.

Mark claims 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.”

But Mark faces a legal hurdle before his claim can go ahead, as Ms O’Connell’s son said he should be barred from proceeding as his lawyers missed a strict May 16 deadline fixed for filing vital court papers.

Greg Leckey, barrister for Matthew O’Connell, argued in court that Mark’s legal team had clear notice that it was vital not to miss this deadline.

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.

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.

In March 2021, Ms O’Connell’s barrister Ben Gordon KC described how she “struggled desperately” with her wrongful conviction.

He said: “She became increasingly isolated, ultimately reclusive, as described by her family, and struggled desperately to deal with the stigma of her conviction.

“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.”

The judge has reserved her decision on whether Mark’s claim can go ahead until a later date.