Mr Bates versus the Post office.

Almost finished episode 4. It's disgusting that of the £58million payout, the lawyers and funders took more than £46million. Maybe TAM will know why the Post Office weren't liable for costs in this case.
 
Almost finished episode 4. It's disgusting that of the £58million payout, the lawyers and funders took more than £46million. Maybe TAM will know why the Post Office weren't liable for costs in this case.
It will have been an all in figure that was offered as settlement at mediation rather than a judgment for damages to be assessed in each case at a later date plus the costs of the GLO litigation
 
What I found the most disturbing was the darkened room at Fujitsu HQ where faceless technicians were making real time changes to a live system.
The Postmasters never stood a chance working with such a crap unsecure clearly untested system.
Someone in Fujitsu should be serving time in the Big House.
Vennells will be hounded till her dying day no matter how large her pension pot is. Wouldn't want to swap places with her
 
Having just seen the final episode last night, I was flabbergasted by the tricks and diversions the post office tried even to the bitter end. That woman who was supposed to be a Christian, Vennels, should be stripped of her BE Medal and jailed along with her cohort who appeared in court.

The one who should be given a CBE is Mr Bates.

When one looks at ones self and think you have troubles and strife, just think how these poor people were and probably still are affected. The whole thing stunk, and brought tears to my eyes, totally unbelievable.

In my book there is only one word for the PO and you all know what that is.
 
There is a saying which is supposedly what Jesus taught, believe in him or not, that is one of the basics of being human. 'Do unto others as you would have them do unto you.'

As a preacher, or whatever, within the C of E she should know this better than most. The C of E should disown her, her Post Office Pension, if found guilty by the Police and courts, should be forfeited and her CBE withdrawn. That way she will have the years of pain that these innocent ex post masters/mistresses have suffered. Basically another quote - 'An eye for an eye, a tooth for a tooth', Just as another person has received injury from him, so it will be given to him."
 
Across the country, in big corporates, there are nasty people quite prepared to shit on others for their own advancement.
In big corporates? In every single business these 'people' exist. Decent man management has gone and the desire to empathize with staff has all but disappeared in favour of self advancement. Can't wait to retire tbh before I kick the shit out of my Head of Department!
 
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It's been announced this A.M. that there is going to be an enquiry into the whole situation.
About time.
Maybe some heads will ROLL?
One in particular.
 

Looks like it’s fraud now as a new investigation, regarding the money they took from the sub-postmasters. Perjury and perverting the course of justice was already being investigated.
There's a separate Inquiry that's running alongside the police investigations: https://www.postofficehorizoninquiry.org.uk/about-inquiry
 
That similarity occurred to me S1

Note the solicitors and funders acting for Alan Bates and others took huge risks and I understand it reduced their fees significantly

For context I understand that the PO spent £100m of taxpayers money defending these claims and the deal at mediation was only done against a threat to apply for a re-trial (no doubt knowing this would create funding issues) to create a bargaining position when their backs were up against a wall

I have had a similar thing happen in one of my cases - large insurers threatening in a mediation ( which is confidential ) to bury my clients in costs and then bankrupt them if they lost the case in order to force them to settle on unfavourable terms
Why weren't the PO ordered to pay all the court costs in the same way the post masters were?
 
Why weren't the PO ordered to pay all the court costs in the same way the post masters were?
Because the PO offered an all-in settlement figure to the Postmasters that included their mean offer for PMs’ costs. BUT THEY DID NOT ADMIT ANY LIABILITY, and so the £56 million did NOT include any compensation. Sadly, that is legitimate under civil law.

The PMs were recommended to accept by their own lawyers since the PO implied that they would appeal and appeal again including asking for a retrial under a new judge, which would have exhausted all the PMs’ resources and collapsed their case. They might never have reached the end when the judge could have awarded them their full costs.

Or the PMs’ lawyers would be looking at an open-ended pro bono case that they themselves could not have afforded.

It was a last dirty trick from the PO executives even after they had lost and spent £100 million of taxpayers’ funds on their own legal fees; the PO was willing to possibly double those taxpayers’ costs even though they had little or no chance of winning. Just plain financial bullying with someone else’s money. However, I expect the Govt might review that impact on the PMs.

TAM explained above.
 
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I expect nothing less from you, Lost. The concept of the boss being responsible for his/her organisation seems to be out of fashion, yet it is constantly used as the argument for eye watering salary and benefits packages.
Quite. Take all the benefits but no responsibility. The Tory mantra.
 
Because the PO offered an all-in settlement figure to the Postmasters that included their mean offer for PMs’ costs. Sadly, that is legitimate under civil law.

The PMs were recommended to accept by their own lawyers since the PO implied that they would appeal and appeal again including asking for a retrial under a new judge, which would have exhausted all the PMs’ resources and collapsed their case. They might never have reached the end when the judge could have awarded them their full costs.

Or the PMs’ lawyers would be looking at an open-ended pro bono case that they themselves could not have afforded.

It was a last dirty trick from the PO executives even after they had lost and spent £100 million of taxpayers’ funds on their own legal fees; the PO was willing to possibly double those taxpayers’ costs even though they had little or no chance of winning. Just plain financial bullying with someone else’s money. However, I expect the Govt might review that impact on the PMs.

TAM explained above.
Thankyou
 
'The Times can reveal that dozens of covert recordings of senior Post Office staff, including Vennells, have been uncovered by the public inquiry into the scandal.
It is understood that the tapes, of which there are believed to be about 80, will be sent to core participants, including postmasters, in the coming days. “They’re conversations with Post Office top brass including Paula Vennells. It’s very damning,” an inquiry source said.'

Looks like Ms Vennells' highly paid legal team (Mishcon de Reya) might have a job on their hands to keep their client out of the brown stuff.
personally i would be recommending life on a texan chain gang. she is so effing not me guv.
 
I have now watched the whole series, but I am still not quite sure what happened. It seems the money was never missing, but boosted the PO profits because the Post Masters were forced to repay “their losses”, but why were Fujitsu employees even entering the system to tamper with the records in the first place?
 
I have now watched the whole series, but I am still not quite sure what happened. It seems the money was never missing, but boosted the PO profits because the Post Masters were forced to repay “their losses”, but why were Fujitsu employees even entering the system to tamper with the records in the first place?
A very good question.
 
I have now watched the whole series, but I am still not quite sure what happened. It seems the money was never missing, but boosted the PO profits because the Post Masters were forced to repay “their losses”, but why were Fujitsu employees even entering the system to tamper with the records in the first place?
I think they were trying to rectify all the 'losses' so it looked like the system was working but obviously some Post Offices fell through the net. They knew there were problems but let those poor people go though suicide, bankruptcy & jail instead of coming clean.
It is absolutely shocking, surely to God some people have to pay with prison terms.
 
I still can't get over the fact that the PO instantly thought that hundreds Postmasters were immediately accused of
fraud.
Did they think that the PMs had got together and done this?
It is utterly unbelievable that they took that stance.
It makes Vennells look even more stupid than we thought.
 
The huge behemoth of an organisation versus a few little people who are not actually their employees but contractors. The PO execs felt no duty of care.

The immensely powerful PO executives in charge of tens of thousands of people cannot possibly be wrong can they? If they admitted so, they would be incompetent and would not be fit for their position. The truth was irrelevant to the perception. It’s called “groupthink”.
 
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… but why were Fujitsu employees even entering the system to tamper with the records in the first place?
Fujitsu knew there were faults in the software and since the Horizon system had gone live their software engineers were using back door entry to try and find the faults as they appeared. That’s fairly common. Though in this case they were fiddling with confidential financial records, not just performance issues.

But the approach was disorganised and haphazard due to very poor management and it seems their efforts caused even more errors. And they lied to the Sub-PMs about that. The software was so poor it should have been shut down until properly tested.

But I expect the software people were under pressure to keep going from Fujitsu execs (who were on big bonuses from the PO contract) and in turn from the PO execs who could not lose face in halting the system. It was the 2nd largest IT project in the UK at the time, after the NHS Health Records system which also failed, incidentally.

It should not be overlooked that the PO execs had been told by their erstwhile partner, the DHSS, that the Horizon system was not fit for purpose and should not have gone forward. The DHSS pulled out. So, there was also petty parochial rivalry between different groups of civil servants - which can be fairly vicious.

So the end result was “Our system cannot be faulty so let’s find somebody else to blame”. A criminal conspiracy organised at the very tops of the PO and Fujitsu, though I reckon they will still try to blame the lowly software engineers.
 
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Watched the first episode last night, and really looking forward to the next episode when I have time. What those people went through was horrendous, but I can’t understand why none of them said, check my bank accounts, you’ll see there’s no money, then check every transaction and tell me where and when the money went. I know they were intimidated, but I was in a similar situation when working at a bank and my till was £2k short. It was stressful, but I made them go through every transaction and we found the error.
 
Watched the first episode last night, and really looking forward to the next episode when I have time. What those people went through was horrendous, but I can’t understand why none of them said, check my bank accounts, you’ll see there’s no money, then check every transaction and tell me where and when the money went. I know they were intimidated, but I was in a similar situation when working at a bank and my till was £2k short. It was stressful, but I made them go through every transaction and we found the error.
Reality is, they did as you said, and got the charge of theft reduced to false accounting, basically taking the blame for the money not being there without being jailed, all, of course, under threat.

I watched an interesting clip of the enquiry questioning the KC who did an investigation. He was very clear that, having seen all the internal PO legal team documentation, the decision to charge with theft was very brief, with little or no supporting evidence. He and the questioning KC made it plain that threats were being made to get the sub postmasters to admit to lesser charges, with there being, exactly as you have said, no evidence of any monies going anywhere, therefore little or no chance of making the theft charge stick.

Another point was that the PO legal team "accepting" guilty to the lesser charge was dependent on two caveats, the first being not relying on queries about the accuracy of Horizon in mitigation, this was ruled wrong by the Appeal Court. The second was repaying the disputed cash.

The KC also made another clear point, comparing the PO's use of a very small team of prosecutors, similar to the way the Treasury operates. This provided proof positive that they knew problems with Horizon had been raised many times in court, in cases prosecuted by them, but had not disclosed this to the defence. If this were persued, I would think the Bar Council would take a very dim view of Officers of the Court taking part in such illegal activity.


And at the centre of all this is 700+ people, families, who have suffered death, loss of liberty, loss of savings, livelihood and good name, whilst the bxstards at the top of these oprganisations washed thier hands and said nothing to do with us. If Sunak wants to appear as less of a vacillating leader, he should ensure all convictions quashed, and a body similar to that which dealt with PPI Claims to put all those affected to back where they were financially and only after this compensated for malicious prosecution and loss of reputation, all for thoe alive or for descendants where they have passed away.
 
I know they were intimidated, but I was in a similar situation when working at a bank and my till was £2k short. It was stressful, but I made them go through every transaction and we found the error.
Should we assume that you were working with mostly paper transactions in your time at the bank? The Horizon errors were deeply buried in the software which no-one could check, or could not be bothered to check, in the subsequent formal investigations.

One of the Sub-Postmistresses (I cannot recall her name) did not trust the Horizon software and so kept a duplicate paper record of every transaction. She also refused to alter or sign off any accounting summary form the system produced (basis of the “false accounting” charges). She credits these as the reasons the PO did not dare take her to court. She still lost her job, home and livelihood though.

“Bastards” is the only appropriate term. I hope prosecutions start at the top and go down as far as all knowingly involved in the conspiracy, including the PO lawyers and investigators. The whole country needs to learn or understand this lesson, I feel.
 
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Should we assume that you were working with mostly paper transactions in your time at the bank? The Horizon errors were deeply buried in the software which no-one could, or could not be bothered, to check.

One of the Postmistresses (I cannot recall her name) did not trust the Horizon software and so kept a duplicate paper record of every transaction. She also refused to sign off any accounting summary form the system produced. She credits these as the reasons the PO did not dare take her to court.
When uploaded ( unless you kept a duplicate paper copy ) you could never check back
 
Fujitsu knew there were faults in the software and since the Horizon system had gone live their software engineers were using back door entry to try and find the faults as they appeared. That’s fairly common. Though in this case they were fiddling with confidential financial records, not just performance issues.

But the approach was disorganised and haphazard due to very poor management and it seems their efforts caused even more errors. And they lied to the PMs about that. The software was so poor it should have been shut down until properly tested.

But I expect the software people were under pressure to keep going from Fujitsu execs (who were on big bonuses from the PO contract) and in turn from the PO execs who could not lose face in halting the system. It was the 2nd largest IT project in the UK at the time, after the NHS Health Records system which also failed, incidentally.

It should not be overlooked that the PO execs had been told by the DHSS that the Horizon system was not fit for purpose and should not have gone forward. So, there was also petty parochial rivalry between different groups of civil servants - which can be fairly vicious.

So the end result was “Our system cannot be faulty so let’s find somebody else to blame”. A criminal conspiracy organised at the very tops of the PO and Fujitsu, though I reckon they will still try and blame the lowly software engineers.
I think that’s close to the truth of what happened.
 
This was a huge contract and after the DHSS rejecting it they wouldn’t have wanted this to fail
You have teething problems with most systems
The reaction here is beyond bizarre
 
Actually, if the Police/CPS start their investigations and prosecutions at the bottom with the PO investigators and work their way up to the PO execs like Vennells, they will build a mountain of undeniable evidence that will show Vennells and her top colleagues knew all and will make the likes of them squirm in court.

But that feels wrong, somehow, starting with the little people again.

Edit: I know… give the most junior PO investigators involved immunity in return for their evidence. That will speed things up.
 
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This is why the Public Inquiry is underway and why prosecutions of PO executives should be considered.

Day 2, R v Hamilton and others - Court of Appeal, Royal Courts of Justice, London
Reported Tuesday 23 March 2021.

Dawn O'Connell


It's sometimes difficult to keep sight of the fundamental reason we are in court this week. A reminder was provided by Ben Gordon QC, right at the end of the day. Mr Gordon represents Dawn O'Connell, a Post Office manager in Northolt who was prosecuted for theft and false accounting by the Post Office on the basis of Horizon evidence. Dawn died last year, but her brother Mark and son Matt were in court five today to hear Mr Gordon's statement. Mr Gordon dialled in remotedly, but it was a good line, and his voice could be heard clearly and forcefully in the court. His words were very moving.

I'd never met Matt or Mark before, but we swapped numbers. As I was walking home Mark called me up and asked me to read out what Mr Gordon had said in court. He put me on speakerphone so his mum could hear. As I read from my notes, standing in a doorway on my mobile phone in The Strand, I could hear her sobbing in the background.

This is the transcript of Mr Gordon's statement in full:

"My Lord, Ms Dawn O'Connell is not here today, having passed away in September of last year. I myself never had the chance to meet Ms O'Connell. Her appeal against her conviction is advanced or continued in her son Matthew's name. Matthew O'Connell and Dawn's brother, Mark, as I understand it, my Lord, are present in court today, next door in the overflow court.

My Lord, in the years following her conviction in 2008, and the serving of her suspended sentence, Ms O'Connell's health, both physical and mental, declined dramatically. According to her family and loved ones, her personality also changed, irrevocably. She became increasingly isolated, ultimately reclusive, as described by her family, and struggled desperately to deal with the stigma of her conviction.

She suffered, my Lord, with severe bouts of depression. She did receive treatment, medication and counseling, but she sunk inexorably into alcoholism. In her latter and final years, my Lord, 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.

My Lord, on behalf of her son, her brother, and all her surviving family members and friends, I feel compelled to tender to the court their sincere regret and deep anguish that Dawn is not here today to hear her case being argued.

My Lord, Mrs O'Connell's conviction dates back to August of 2008 and Harrow Crown Court, where, upon her own pleas of guilty, she was convicted of five counts of false accounting. One further count alleging theft of approximately £45,470 was ordered to lie on the file on the usual terms and was not proceeded with. A pre-sentence report was ordered and, a month later, in September, Ms O'Connell was sentenced to 12 months imprisonment suspended for two years, with a requirement for the completion of 150 hours of unpaid work.

My Lord, between 2000 and 2008, Ms Dawn O'Connell worked as a branch manager, a Post Office branch manager in Northolt. My Lord, as with many others which are before the court today, and as my learned friend Mr Saxby did, where it is applicable to Mrs O'Connell's case, if I may, I echo and commend to the court my learned friend Mr Moloney's submissions. But Mrs O'Connell's case was one in which the Horizon data was central, central to the prosecution and her conviction. The prosecution arose from an unexplained shortfall, or deficit on the system at her branch. When audited, Mrs O'Connell reported the shortfalls and indicated that she was unable to explain the anomaly. Initially, as she explained, she had hoped that the error would correct itself, but over the ensuing months it grew and accumulated.

Ultimately, my Lord, having admitted falsifying the accounts in an attempt to conceal the deficit in the hope of preserving her job, she pleaded guilty to the offences of false accounting. Throughout the audit, throughout the investigation and throughout the prosecution, Ms O'Connell repeatedly and strenuously denied theft. As I have said, this count was left to lie on the file.

My Lord, as conceded by the respondent in relation to her appeal, there was no evidence of theft or any actual loss at her branch, as opposed to a Horizon generated shortfall. There was no other evidence to corroborate the Horizon data. On the contrary, my Lord, evidence was collected from other employees which attested to Ms O'Connell's honesty and probity.

As further conceded by the respondent in her case, no attempt was made by the Post Office, as private prosecutor, to obtain or interrogate the ARQ data. There was no investigation into the integrity of the Horizon figures, and it is recognised that the appellant herself was severely limited in her ability to challenge the Horizon evidence and therefore that it was incumbent upon the Post Office to ensure that the reliability of the evidence was properly investigated and, my Lord, this was not done.

The Post Office failed, in my respectful submission, in its duty as a private prosecutor both to investigate properly the reliability of the system by obtaining and examining the data, and to disclose to the appellant or the court the full and accurate position in relation to the reliability of the system. No disclosure was forthcoming in Ms O'Connell's case, my Lord, in relation to any concern or enquiry raised into the functionality of the system.

Ms O'Connell's case file demonstrates that the focus of the investigation in her case was on proving how the accounts were falsified, which of course she had admitted, rather than examining the root cause of the shortfall. In fact, as it seems, no effort was made to identify or discover the actual cause of the shortfall or deficit. During the internal audit process, and her interviews under caution, my Lord, Ms O'Connell raised the issues she had encountered with the system and its recurring anomalies. No investigation or disclosure followed.

Notwithstanding, and by reference to the balancing exercise which the court is required to undertake in a submission of this kind, Ms O'Connell was a lady of hitherto good character, about whom people were, it seems, lining up to attest to her honesty and integrity. My Lord, in the papers I have seen, I have counted somewhere in the region of 30 character statements, which I think were obtained on her behalf. My Lord, it is conceded by the respondent that for these reasons it was not possible for Mrs O'Connell's trial to be a fair one, thereby amounting to first category of abuse of process.

However, as set out, only a short while ago by Mr Moloney on behalf of his clients, and as set out in our skeleton argument, dated 21 January, we would respectfully submit that for the same set of reasons, or in respect of the same failures in the investigative and disclosure exercises, the prosecution against Ms O'Connell was rendered unconscionable, and that bringing it was an affront to the national conscience. Accordingly, my Lord, on her son Matthew's behalf, we respectfully invite the court to quash her conviction on both grounds, or both limbs of abuse of process. My Lord, unless I can assist you any further, those are my submissions on Ms O'Connell's behalf."
 
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It's not one prosecution though is it - it's over seven hundred

At what point does an intelligent person think ' we can't have hundreds of dishonest sub-post office managers ' and having considered that point then react the way the PO then did ?

What surprises me is that less than one hundred have had their convictions quashed. What about the rest ?
Agree with every word Tim. Incredulous that Senior Management didn’t smell a rat re MAYBE there was an issue with Horizon.
 
This is a good but long read. It was published over 2 years ago and covers the report by Second Sight, the forensic accountancy company appointed by Parliament, the Post Office and the Dept of Business to provide the independent review issued in 2015, more than 8 years ago!


No wonder the Govt is beginning to panic today over the Sub-Postmasters.
 
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Agree with every word Tim. Incredulous that Senior Management didn’t smell a rat re MAYBE there was an issue with Horizon.
Vennells’ had been employed in various executive commercial roles in the PO since 2007. Her given job objective when she was made CEO in 2012 was to turn around the PO which was losing more than £100 million per year into a profitable organisation.

This was part of the drive to privatise the Royal Mail which happened in 2013. Nothing was to impede that. Certainly not an admission of rubbish technology by a related organisation. That was the management culture embedded within the PO.
 
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Jarnail Singh - this is the evidence given to the Public Inquiry by the Post Office’s Head of Criminal Law - the man in charge of all Post Office prosecutions of the Sub-PMs from 2012. His department had legal powers comparable with the Criminal Prosecution Service.
 
The evidence to the public enquiry, both in written and oral form is very revealing and mind-bogglingand laughable at times. It clearly shows that post office executives (as well as Fujitsu) were aware of systemmic problems with Horizon and chose to ignore that, continue with prosecutions, and lie. I suspect the recordings to get revealed with further confirm that. Not justvacase of compensation. Clearly enough evidence to prosecute people for fraud, perjury and perverting the course of justice. Some of the managers were just bent and evil
 
Should we assume that you were working with mostly paper transactions in your time at the bank? The Horizon errors were deeply buried in the software which no-one could check, or could not be bothered to check, in the subsequent formal investigations.

One of the Sub-Postmistresses (I cannot recall her name) did not trust the Horizon software and so kept a duplicate paper record of every transaction. She also refused to alter or sign off any accounting summary form the system produced (basis of the “false accounting” charges). She credits these as the reasons the PO did not dare take her to court. She still lost her job, home and livelihood though.

“Bastards” is the only appropriate term. I hope prosecutions start at the top and go down as far as all knowingly involved in the conspiracy, including the PO lawyers and investigators. The whole country needs to learn or understand this lesson, I feel.
I did the same after that incident, many were online transactions, transfers of money, bill payments, international payments, after that I noted every transaction, amount ,in or out.
 
Reality is, they did as you said, and got the charge of theft reduced to false accounting, basically taking the blame for the money not being there without being jailed, all, of course, under threat.

I watched an interesting clip of the enquiry questioning the KC who did an investigation. He was very clear that, having seen all the internal PO legal team documentation, the decision to charge with theft was very brief, with little or no supporting evidence. He and the questioning KC made it plain that threats were being made to get the sub postmasters to admit to lesser charges, with there being, exactly as you have said, no evidence of any monies going anywhere, therefore little or no chance of making the theft charge stick.

Another point was that the PO legal team "accepting" guilty to the lesser charge was dependent on two caveats, the first being not relying on queries about the accuracy of Horizon in mitigation, this was ruled wrong by the Appeal Court. The second was repaying the disputed cash.

The KC also made another clear point, comparing the PO's use of a very small team of prosecutors, similar to the way the Treasury operates. This provided proof positive that they knew problems with Horizon had been raised many times in court, in cases prosecuted by them, but had not disclosed this to the defence. If this were persued, I would think the Bar Council would take a very dim view of Officers of the Court taking part in such illegal activity.


And at the centre of all this is 700+ people, families, who have suffered death, loss of liberty, loss of savings, livelihood and good name, whilst the bxstards at the top of these oprganisations washed thier hands and said nothing to do with us. If Sunak wants to appear as less of a vacillating leader, he should ensure all convictions quashed, and a body similar to that which dealt with PPI Claims to put all those affected to back where they were financially and only after this compensated for malicious prosecution and loss of reputation, all for thoe alive or for descendants where they have passed away.
Truly tragic for all those affected and those who lied, post office officials and police should be brought to account.
 
Just four days after the TV series ended, the petition calling for Paula Vennells to lose her CBE has now been signed by 1 million people.
That's a hell of a response to a scandal that had previously barely been on the radar of the general public 👍

Edit - The guy who started this petition has posted this morning "I have been particularly humbled by contact from sub-postmasters themselves who have reached out to me and thanked me for my admittedly small contribution to their cause."

So if you haven't signed already, know that doing it now will still make a difference, however small.

 
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