Soldier in £4m ‘trench foot’ claim was filmed dancing at barbecue
A FORMER soldier who is suing the Ministry of Defence for almost £4million after contracting trench foot on an exercise has been filmed dancing at a barbecue.
Brian Muyepa, 32, suffered the injury after being made to walk for more than five hours in wet boots during a training drill.
He was medically discharged from the Army two years later.
The MoD admits negligence over how he contracted the ‘non-freezing cold injury’ – known as trench foot during the First World War when soldiers on the frontline in France suffered it.
But it disputes the size of the claim, saying it is comparable to what a paraplegic might seek. The former gunner, who said the injury left him unable to walk without a stick, is suing for £3.7million to cover damages and the cost of carers for the rest of his life.
But Mr Muyepa was accused of ‘fundamental dishonesty’ at a High Court hearing after videos emerged of him dancing and performing as a DJ at a party.
The soldier said the injury left him with pain for most of the time and he fell over when a doctor asked him to lift his walking stick a quarter of an inch last year.
The High Court was told that in August 2018 a video posted to his wife’s Facebook page showed Mr Muyepa dancing.
MoD barrister Andrew Ward said: ‘The video shows how he behaves when he is in his own environment, not thinking he is being watched.’
Laura Collignon, for Mr Muyepa, said it was not surprising that someone suffering a cold injury would feel better on a sunny day after a few drinks. She added: ‘The claimant says he had been drinking alcohol that day and he does experience alleviation of symptoms when he takes painkillers.
‘He has said he can walk, he can stand – he isn’t engaging in vigorous movements in that dancing.’
Mr Ward said: ‘The concern is he is fundamentally dishonest in the way he has over- egged and exaggerated the claim.’ If successful, the claim would be the largest awarded for a non-freezing cold injury.
Mr Muyepa enlisted in the Royal Artillery as a 19-year-old gunner in 2007 and later joined the 40th Regiment and 47th Regiment.
His injury happened on an exercise in Wales in 2016. He spent time in a water-filled tunnel, then had to continue in wet boots. His hands and feet were said to be swollen, tingling and painful.
Miss Collignon told the court that, following his diagnosis, it was recommended Mr Muyepa should be protected from cold in future.
But he was exposed again on Salisbury Plain in 2017, when he spent much of his time working outdoors on vehicles. Miss Collignon said his condition worsened and he was diagnosed as having ‘very severe’ cold sensitivity in his feet.
He was medically discharged in January 2018. At a pre-trial hearing, Judge Simon Auerbach allowed the video evidence to be admitted as part of the case. The trial will take place later this year.
‘Fundamental dishonesty’