This week sees the launch of a campaign by doctors, whistleblowers, journalists and members of the public to seek a big change in the way the employment tribunal system works.
It follows a series of judgements against whistleblowers – some have been carried on this blog- where the judgement itself ignores or twists facts and where the whistleblower – often but not always a litigant in person – has to defend himself or herself against big battalion lawyers brought in by employers.
Many of the cases involve issues like hospital and patient safety, bullying, harassment, racial and sex discrimination where a claimant is sacked for suggesting anything has gone wrong rather than the issue being sorted.
Worse some of most egregious offenders are in the public sector. They are the hospital and trust bosses, the management of Sellafield and the Nuclear Decommissioning Authority, and Greater Manchester Police to name a few current examples. They spend millions of pounds on expensive barristers and solicitors fees all funded with your money – the taxpayer – rather than using your money to correct the problem.
They then go and try and bankrupt whistleblowers or drive them into abandoning their case by putting in six figure cost claims against them. Or use taxpayer’s money to give them six figure pay offs in return for a non disclosure agreement.
All this is presided over by the judges who have a whip hand – they don’t record the proceedings or keep transcripts. They keep notes but they are for their private use and you cannot get them -even through a subject access request.
The only public record is their judgement – and if it misses out some of the evidence – there is no record that the evidence was ever given to the tribunal. And you cannot make a recording of the hearing – that is a criminal offence. Employers with more resources can employ their own note-takers – very useful if it goes to appeal and their lawyers won’t share their transcripts with the claimant.
The only safeguard is mainstream media which might report the hearing – though even then some employers try to get some of their evidence held in camera. But with the parlous state of the media , especially local media, journalists are rarely there.
That is why the campaign has begun with a letter to the three top employment judges in the UK – Sir Keith Lindblom; Judge Barry Clarke and Judge Shona Simon, seeking a fundamental change to facilitate open justice- that transcripts of the proceedings of employment tribunals should be kept. The letter argues that the principle of a fair trial – enshrined by the European Court of Human Rights – cannot take place if only one side can afford to keep a record. It gives the employer a permanent advantage.
The decision to write the letter was taken at a meeting of Justice for Patients and Doctors – but supported by other whistleblowers who are not in the NHS.
With the help of my journalist colleague Philip Whiteley, Sellafield whistleblower Alison McDermott, cardiologist whistleblower Usha Prasad and junior doctor whistleblower Dr Chris Day,, the letter was circulated on social media.
Within just seven days we had backing from well over 300 people – from a former economic adviser to No Ten Downing Street, Sir Adam Ridley, 80 medical consultants, numerous GPs, nurses, teachers, to a former deputy groundsman at the Chelsea Pensioners hospital, a lorry driver, an actor, writer and a poet. This seems to suggest there is a wide ranging feeling that there is something wrong in the justice system.
This is the roll call of honour:
- Sir Adam Ridley former Downing Street adviser and economics adviser to Nigel Lawson and Sir Geoffrey Howe
- Jane Somerville, Emeritus Professor of Cardiology, Imperial College
- David E Ward, former cardiology consultant, St George’s Hospital, London
- Michael Byram Professor Emeritus University of Durham
- Dr Philip Howard MA G Dip Law LLM MA MD FRCP Consultant Physician and Gastroenterologist
- Prof Brendan T Barrett Dip Optom Bsc Psychol PhD MCOptom FAOI FHEA
- Gautam Appa Emeritus Professor of OR Dept of Management, LSE
- Dr Chris Day, Emergency Medicine Doctor A&E Agency
- Dr Usha Prasad MBChB FRCP FESC Former Consultant Cardiologist and Lead Clinician for Heart Failure Epsom & St Helier University Hospital; Currently Locum Consultant Cardiologist at Mid Yorkshire Hospitals NHS Trust
- Dr Arun Baksi, Emeritus consultant physician
- Dr Michael Eden, consultant pathologist
- Susan Burell, consultant sonographer/ radiographer
- Dr Louella Vaughan, Consultant Physician in Acute Medicine
- Dr Kit Byatt, retired consultant geriatrician now working in human rights medicine
- Dr Ravi M Kare Consultant Norfolk and Norwich University Hospitals
- Dr Paul Garrud Hon. Associate Professor, School of Medicine and Health Sciences, University of Nottingham
- Dr Margaret Beedie Retired consultant psychiatrist
- Dr Susan Read MBE, FRCN. Retired Professor of Nursing Research at Sheffield University.
- Craig Jerwood MBBS, FRCA, FFICM Consultant in Intensive Care Medicine
- Dr Chantal Meystre MB ChB MA FRCP UKCP Palliative Medicine Consultant and Integrative Psychotherapist
- Thomas R. Lee, MB, BChir, FRCP, MRCPC retired Paediatrician
- Dr Jenefer Sargent Consultant Paediatrician
- Dr Catriona Connolly MBBS FRCA Consultant Anaesthetist
- Julia Bodle Consultant obstetrician
- Lesley Pavincich Consultant Psychotherapist
- Dr Rakesh Aga FRCP, Consultant Gastroenterologist, Nobles Hospital Isle of Man
- Shona M Hamilton Consultant Obstetrician (Retd) BSc, MB ChB, LLB, PGCert, MPhil FRCOG
- Dr Nancy Redfern Consultant Anaesthetist.
- Dr Katharine McDevitt, MBBS, MRCPCH, FRACP, Consultant Paediatrician Peterborough City Hospital
- John A Hamilton FRCS Edinburgh & Glasgow Consultant Orthopaedic Surgeon (Retd.)
- Dr D S Wijayatilake Consultant Intensive Care Medicine Queens Hospital Romford
- Milap Rughani Consultant Plastic Surgeon
- Dr Hugo Farne Respiratory Consultant, Imperial College London
- Eleni Gounari Paediatric consultant
- Therese Walsh Anaesthesia Fellow
- Mr Ismail Hassan Consultant Obs. & Gynae Birmingham Women & Children Hospital
- Dr Sarwat Shah Locum Consultant Dermatologist
- Mark J Curtis MBBS FRCS (Ed) FRCS (Eng) MFSEM (UK), Consultant Orthopaedic Surgeon
- Jacqueline Anne Henshall Head of Private Patients (recently retired) Guy’s and St Thomas’ NHS Foundation Trust
- Matthew Welberry Smith Consultant Renal Transplant Physician
- Dr M Senaratne Consultant Psychiatrist
- Nasser Kurdy Consultant Orthopaedic Surgeon
- Edwin Jesudason, Consultant in Rehabilitation Medicine Scotland
- Dr Arshad Siddique Consultant Psychiatrist
- Francis Sheehy Skeffington Retired Consultant Paediatrician
- Val Kyle, retired Consultant Rheumatologist
- Dr Neil Finer, Consultant Ophthalmologist
- Salam Alsam NHS Consultant
- Dr Kim E Isaacs FRACS Consultant Surgeon | Surgical Oncology General Surgery | St Vincent’s Hospital, Australia
- Mr John Davies Consultant surgeon Whipps Cross Hospital
- David Church, Locum GP, Wales, and currently also Consultant Support to North Wales Regional Hub of Test, Trace, Protect
- Keith Baxby Retired consultant surgeon. Dundee
- Dr Sean Whyte Consultant Psychiatrist & Deputy Medical Director
- Dr John Cøoper Consultant cardiologist
- Aprajit Bhalla Consultant Orthopaedic Surgeon
- Dilshad Marikar Paediatric Consultant West Suffolk Hospital
- Dr Carolyn Ruth Broadbent, recently-retired Consultant Anaesthetist, Royal Derby Hospital
- Dr Philip Timms Consultant Psychiatrist, South London and Maudsley NHS Trust
- Dr Katherine Pendry Consultant Haematologist (retired)
- Dr Jenny Jenkins Retired Consultant Anaesthetist
- Mr Basavaraj Sreeshyla, consultant ENT surgeon
- Dr Jonathan Taylor, consultant in emergency medicine
- Dr Subramanian Narayanan, consultant radiologist
- Dr Deb Lee, consultant paediatrician
- Dr Peter Sheppard. Consultant radiologist
- Dr Sheena Pinion, former consultant obstetrician Kirkcaldy Scotland
- Iain Muir Consultant Surgeon Dumfries & Galloway Royal Infirmary
- Dr John Baksi, consultant cardiologist
- Dr Bettina Harms, consultant paediatrician
- Professor Parag Singhal, consultant endocrinologist
- Dr Christopher Moulton, Consultant in emergency medicine
- Dr Colin Hutchinson. Consultant Ophthalmologist
- Mr Amit Sinha, consultant Orthopaedic surgeon
- Dr Chriam George, consultant radiologist
- Dr Venugopal Poothirikovil, consultant paediatrician
- Miss Helen Fernandes, consultant neurosurgeon
- Mr Radhakrishna Shanbhag, Consultant in Trauma
- Dr Anil Jain, consultant radiologist
- Mr Omer Karim MB BS, MS, FRCSUrol, Locum Consultant Urological Surgeon, Royal Marsden and Charing Cross Hospitals
- Dr Azhar Ansari MBChB DM PhD FRCP
- Dr Tariq Choudhry. Locum Consultant Psychiatrist Barnet Enfield and Haringey NHS Trust
- Dr Amit Mukherjee, Consultant Psychiatrist, London
- Roger Gartland actor
- Dr Ana Martinez Nahorro, Consultant cardiologist
- Kevin Donovan, secretary, Defend Our NHS
- Brian Howard Thompson Retired BT Divisional Director
- Dr Malila Noone, Microbiologist
- DR Sunil Saxena, Anaesthetist
- Dr Naila Aslam, medical advisor.
- Dr Suma Basavaraj, general practitioner
- Dr Nishant Joshi, GP
- Mr Alexander Phillips, Research Director
- Dr David Mark Thornton, Senior partner, Richmond Medical Centre, Lincoln
- Dr James Wilson Haematology SpR
- Dr Katie Brooks, Principal Medical Writer
- Colin Padgett, Teacher, tutor and examiner
- Brian Morris Retired
- Dr Yasar Sabir Anatomy Fellow, University of Birmingham
- Ingrid Broad, Retired, previously MCSP, AACP
- Gordon Drummond Honorary Clinical Senior Lecturer Department of Anaesthesia, Critical Care and Pain Medicine Royal Infirmary, Edinburgh
- Dr Rebekah Cutler General Practitioner
- Jonathan Mackay MB ChB retired GP
- Keith Baker retired GP Trainer
- Moya Duffy retired GP
- Stephen Taylor IT Engineer retired
- Dr Heechan Kang Locum Senior Clinical Fellow/Specialist Registrar in Paediatric Cardiology
- John Bugler, retired
- Jan Marriott Registered General Nurse retired
- Judith Joy Member of the public
- Ian Talbot Process Operator
- Alan Ribot-Smith Retired Crypto Security Consultant
- Leonard Rouse, retired high school teacher
- Denise Cheetham local authority employee
- David Mousley
- Dr C C Hulbert Retired
- Nigel Morris Civil Servant NI – Electricity Network Policy
- Rosalyn Anderson Retired senior pharmacist NHS
- Dr Michael Trowbridge GP
- Dr Fionnuala Kelly Orthopaedics Registrar Gold Coast University Hospital, Australia.
- Eamonn Rafferty
- Dr Cate Bulmer, GP trainee, NHS Education Scotland
- Patricia Lawlor, Lawyer and Vice-Chair of Whitestone Patient Participation Group
- Sinead Summers nurse at Shooting Star Children’s Hospices, Guildford
- Dr Ian Cocks GP retired
- David Buglass Translater
- Cllr Dr Hannah Charlotte Copley Clinical Research Training Fellow, University of Cambridge and Addenbrooke’s Hospital, Cambridge
- Charles Bockett-Pugh retired engineer
- Glanville Neale Retired
- Tracy Nelms Registered General Nurse (Community/General Practice
- Brian Smart, retired Chartered Surveyor
- Robert Knowles, Retired maintenance engineer
- Catherine Hills Retired
- Emma Tyson ST4 Anaesthetics St Georges Hospital
- Dr Ibironke Tayo ST4 O&G RCOG EOE ePortfolio champion
- Denise Wentworth Retired Nurse Practitioner
- Brian Wedge Retired
- John Harwood Ex telecommunications fitter
- Gerard Murphy MB BCh FRCP(Edin) MRCGP MICGP DPD(UWCM),Retired General Practitioner, Lisburn, Co. Antrim.
- Dr Nigel Speight Paediatrician (and Guardian reader) DurhamNeil Purcell – Lighting Cameraman
- Ravinder Passi whistleblower
- Dr Nick Mann, GP in LondonDr Derek Jones Associate Senior Researcher Italian National Research Council (CNR)Bologna, Italy
- Dr John Calvert, retired NHS General Practitioner
- Dr Krishnaveni padala Gpst3
- Thomas Clother Lorry Driver
- Christine Joachim Retired Social Worker
- Una-Jane Winfield Researcher and campaigner
- Joanne Rossouw – Barclays Bank whistleblower
- Bob McClenning Retired, Liberal Democrat activist
- Oliver Darlington retired lecturer in MIcrobial Genetics
- Dr Sara MacDermott, GP
- Roger Bilham retired metallurgist
- Dr Mary O’Gorman
- Patricia Browne, Retired Care Manager
- Dr Anya Gopfert Public Health Registrar
- Russell Dunkeld Retired Registered General Nurse
- Judith King Retired GP
- Naomi R. Bowen, Retired Parish Clerk.
- Roger Lallemant, retired construction worker
- Ms S Murgraff Member of the Public
- Dr Kerry Orchard Specialty Doctor in Palliative Care
- Patrick Kirkby Retired
- Ian Leonard Owner – Leonard Projects Consultancy (Telecommunications)
- Penelope Burton Retired GP
- Sally Hart
- Jessica Harris GP Partner
- Marian Davies Retired civil servant
- Wendy Horler Retired NHS worker
- Jamal Siddiqi member of the public
- Dr Yok Fun Chang Retired GP
- Andrew Pearce Learning & Teaching Quality Manager
- Siobhan Coleman Retired.
- Revd Judith Palmer- GP before ordination
- Dr Jason Holdcroft-Long Specialist registrar in old age psychiatry
- Abelardo Clariana-Piga -member of the public
- Michael Young – retired broadcast media journalist.
- Alison McDermott, BSc Hons, FCIPD. HR Consultant
- Ashley Borkett IT Systems Engineer
- KJ Swainson Retired Registered Nurse
- Nina Basey-Fisher, Sales Consultant
- Gillian Kirk member of the public
- Dr Nisha Bhudia ST7 in anaesthesia.
- Dr Mary-Clare Parker, GP
- Dr Gurdave Gill General Practitioner
- Dr Charles McEvoy, GP partner, Ripon
- Dr Alison Barnes Locum GP St Richard’s Hospital Chichester
- Stuart Dixon Retired NHS worker Author of Toxic Lives
- Christine Aram Retired Midwife
- Mike Darbyshire Trustee of the Bowles Rocks Trust
- Chris Cowsley Retired Professional
- Sheila Hedges Retired
- Irene Leonard
- Dr Winifred Stack
- General Practitioner Newcastle upon Tyne.
- Michael J Tynen Retired College Lecturer
- Angus Bearn Company director
- Harry McAulay Retired Schoolmaster
- Dr Andrew Muirhead-Smith ST6 Intensive Care & Anaesthesia
- Shuna Watkinson Retired nurse
- Joanna Lane CEO of the charity Christopher Lane Trust.
- Martin Heaps, Data Security Analyst.
- David Collett, retired
- Dr Alexander Stockdale NIHR Academic Clinical Lecturer in Infectious Diseases University of Liverpool
- Rev Dr Judith Gretton-Dann Church of England priest
- Dr Tiago Ivo General Practitioner
- Derek Medhurst retired coach and assessor on organisations
- Harry Smart, writer and poet
- Maureen A Vilar retired teacher at Portsmouth City Council.
- Jackie Morgan retired union official
- Mary Lester RGN, BA(Hons) Specialist Community Nursing, wound care nurse
- Garry Dring – Registered Nurse Senior Clinical Advisor, North East Ambulance Service
- Julia Mountain Retired
- Sunil Kapur Teaching Assistant
- Carol Lindsay Smith. www.Patients4NHS.org.uk
- Ms Mary Morrison retired Uni SL in Language in Education
- Karen Clark mother to two hospital doctors
- Sandra Ash retired art tutor
- Justin Dennis Deputy grounds and gardens manager Royal Hospital Chelsea
- Carolyn Hupton retired
- Dr Peter Sinclair Whitehead GP Harrogate District Hospital Foundation Trust
- Margaret E. Johnson member of the public
- Dr Jennifer Adams Mb ChB MRCGP retired
- Philip Tucker Retired
- Jennifer Hall Health Visitor
- Mrs Sue Fuller retired social worker
- Dr Tom McNaughton, specialist registrar
- Dr Philip Delbridge Doctor (Middle Grade) – Emergency Medicine
- Nicholas Ellam Project Manager (retired)
- Linda Walker NHS employee
- Janet Thompson Retired State Registered Nurse
- Ruth Barker Retired GP
- Rosemary Clarke Retired Solicitor
- Jo Reynolds Member of the public
- Dr Naomi Beer GP East London
- Graham Pearson – Engineer retired
- Carin Parker – Solicitor retired
- Mary-Louise Stewart Member of the Public
- Dr Ankush Dhariwal Doctor in Infectious Diseases and Microbiology
- Dr David Sillince Retired GP
- Marc Woodman Junior Doctor
- Dr Andrew McArdle MRCPCH MSc MA Clinical Research Training Fellow, Imperial College London
- Naomi Adelson, GP
- Saad Chowdhury GP VTS Registrar (junior doctor)
- Dr David Miles GP with a Special Interest in Addictions SE & NE Recovery Hubs
- Saleha Jamali Member of the Public
- Rebecca Winsor D.O. Registered Osteopath
- Jonathan Gurr Retired General Practitioner
- Matt Sheehy GP Derby
- Tracy Mason Court reporter
- Nigel Midgley – Operations Manager
- Ilkay Cetin Tranlator
- Hilary Beavan Company director
- Rachel Nicolle, FwSS, self-employed Shiatsu practitioner
- Jill Stevens Retired Journalist
- Dr Mark N. Upton GP Tutor, Hull York Medical School
- John Thain Ex-Nurse and Retired Nurse Lecturer
- Dr Venetia Fawcett Retired GP
- Ashley Borkett IT system engineer
- Robert Wyatt Retired head teacher
- Dr Peter Tyerman Board member Autism Plus
- Dr Cara Hughes BM MSc FRCA Anaesthetic Trainee ST6 West of Scotland Deanery
- Karl Connor Head of Communications and Community Engagement,
- Dr Manuela Perry Specialty doctor in Psychiatry
- Pamela Cross GP
- Dr Marion Judd PhD
- Rob Wheatley CTO – Watson Wheatley Financial System
- Clio Bellenis Retired child and adolescent psychiatrist
- Andrew Fitchett Locum GP
- Dr Lucy Dobson MRCOG Clinical Research Fellow in Gynaecological Oncology
- Julie O’Neil Libraries Services Manager
- John Graveling – Retired.
- Gillian Tennent Retired teacher
- Susan Brown Retired Librarian
- Dr William Loveday ST5 Psychiatric Registrar
- Dr Jennifer Burgess (she/her) General Adult Psychiatry ST4 BA(Oxon), MBBS, MRCPsych
- Anthony Scratchley Counsellor
- Mark Pearse , retired farmer
- Dr Anna Passmore, locum GP Bedfordshire
- Rev Jeffrey I Smith Methodist Minister (retired)
- Jennifer McIntyre-McClure Retired Occupational Therapist
- Alexander McClure Retired nurse
- Dr Helen Parkinson GP
- Karen Blakey: Researcher/Whistleblower in the Academic domain
- Kevin Ferguson IT Service Manager
- Hugh Wilkins Clinical Scientist
- Andrew Burd,
- MB ChB, FRCS(Ed), MD, PhD Director: Second Opinion (Medico/Legal) HK International Limited
- Janet Marks member of the Public
- Debby Monkhouse CBT Therapist
- Richard Slaughter Retired Librarian
- Mrs. Carolyn Munro retired Medical Education Manager
- Dr Peter Mercer PhD not medical doctor retired university lecturer
- David Squires, Definitive Map Review Officer, Nottinghamshire County Council
- Ms Shirley Murgraff member of the public
- Kathleen White, Retired Nurse
- Judith Lea Retired
- Julia Herod retired Social Worker
- Philip Whiteley, freelance journalist
- David Hencke, freelance journalist
- Amrit Wilson, Writer and Journalist
- Dr Esha Sarkar Junior Doctor Whistleblower
- Jenny Vaughan vice chair Doctors’ Association UK
- Neesha Hall member of the public
- Niccola Swan, retired Barclays regional director and former magistrate
- Dr Frances E Atkins MB ChB MRCGP
- Dr Ian McDermott MB ChB Leeds Community Health NHS Trust
- Staffordshire GP
- Terje Vangen Schea Fundraising Director
- Jill Church Managing Director Angels Healthcare Ltd
- Jill Hodsman, Children’s Nurse Specialist
- Sheena Reid – Talent Dynamics Ltd ICF Master Certified Coach
- Frank Reid FCA chartered accountant
- Name Denise Chisholm Paediatric Specialist Nurse
- Roger A Coleman, Radiological Safety Technician, Sellafield Ltd
- Oliver New Secretary, Ealing Trades Union Council
- Sylvia Chandler (retired GP)
- Ann Barrett MSc, MCOptom, DipGlauc, DipTP (IP)
- Andrew Burd, MB ChB, FRCS(Ed), MD, PhD Director: Second Opinion (Medico/Legal) HK International Limited
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Westminster Confidential 
It’s not just employment tribunals. It’s the entirety of the so called ‘justice system’ from Small Claims all the way up to serious cases that actually involve jail time! Even then you’re not even guaranteed a jury trial- regardless of what the Maggie Carter woman has to say about it!
Sometimes not even a court date, I’m aware of at least one case where a woman was jailed for two years/ lost everything for having the audacity to take her father to see a solicitor. When exactly did that even become illegal?
You talk about it you get sectioned as part of the cover up. Homeless and destitute for over 16 years now, no hope left so Sally Clarke knew the only way to go on that…how many others?
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I wish you good fortune.
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It is not just employment tribunals David but this is a great start and I would like to have my name included. You will be aware that the Parliamentary and Health Service Ombudsman is the final arbiter on complaints regarding government departments and the NHS. His investigations are conducted in private and his decisions are final. They can only be challenged by the expensive process of Judicial Review. (see http://www.PHSOthetruestory.com)
I hope you will forgive me for alerting the Patients Association to your blog. This should be right up their street and they ought to express a view on behalf of their members. Time for everyone to come off the fence and support this initiative to provide accessible justice for ordinary people
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Hi All Here is the latest blog by David Hencke about the parlous state of the employment tribunal system and how it acts against the interests of the public by actively discouraging whistleblowers. It is definitely worth a read. As you will see, David Hencke has quickly put together a group of more than 300 professionals to campaign for change. Definitely worth watching what happens to this. Do add a comment to his blog if you wish. You can find the blog at the link below. David C has already left a comment. https://davidhencke.com/2022/03/22/new-campaign-time-to-change-a-prejudicial-and-unfair-employment-tribunal-system/
Nicholas
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Lets us be honest this is not government of the people for the people British democracy is just a rubber stamp to protect a privileged elite whose laws are to protect private property and have total disregard for the rights of the individual. So every institution of the State is established to serve Capitalism, the sooner we go back to see the world as it is the better it be for us all.
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The NHS as microcosm of society – plays lip service to dissent then crushes it to support a cabalistic bullying, predominantly, but not exclusively, male hierarchy. If Putin did it we wouldn’t hear the end of it.
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I would love to add the often appalling Tribunals following the DWP calamitous decisions on the claims for Social Security by disabled and Chronically Sick people. These situations often become ordeals of such magnitude people who are already vulnerable, claimants experience mental & physical breakdowns. The treatment of said claimants is on occasion, completely abhorrent, I have witnessed and personally experienced claimants being outright told they are liars and frauds; all within the sanctuary of safety for the panellists acting with such abuse. Disgusting.
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I learn every day that this country is becoming more like Russia. The powers that be go to great lengths to prevent the truth being heard and our government either supports or changes legislation to ensure no-one challenges the misdeeds of the authoritarians. It’s frightening! How long before we all become mindless sheep who just spout the establishment propaganda. If what is happening in Ukraine does nothing else, it should alert us to ensure the freedoms we blindly think we have!
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