Judge Gates upholds President’s prerogative to rule directly until SUITABLE elections take place

So there we have it -Judge Gates has found in favour of the military junta. Briefly, he says…

‘The President has decided – Direct rule then fresh elections… It is not for this Court to inquire into President’s actions or to say that he should have exercised it another way… Exceptional circumstances had indeed existed that were not provided for by the Constitution…and different from that that existed in the Chandrika case… The Pressie’ actions at the relevant time i.e. 5 Dec 06, were necessary, lawful and designed to protect a wide variety of competing interests… ‘

More discussion to follow once we get hold of the judgment.

Keep faith people.

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54 Responses to “Judge Gates upholds President’s prerogative to rule directly until SUITABLE elections take place”

  1. Save the Sheep Says:

    What a crock of Da!!

    Gates is literally say that it is Ok for someone to hold a gun to the Pressie and even Step into his shoes, execute a series of marginal interpretations of the Constitution and basically do what ever you want to do.

    And they want to Stop the Coup Culture.

    This ruling now makes it Official.

    Coups are legal!!!!

    What a complete idiot…

  2. at least Says:

    hey this is funny..even animals will fight to death if someone takes over their food or homes…now no human being in this case could say that a coup is legal..phew…au sa rere vakalevu ..Well lets see what international community say on these…a crime is a crime..these judges should note that..now what I read was the judges say that some rules are not in the constittution…which they based their decisions from…lol..this is really funny..who these didot wanna fool…our judiciary is corrupt so as our judges…so in future when a judge passed on a verdict, do not ever agree to it as it is based on non sense …imagine 14yrs for robbery and no case to answer for a witnessed murder by these judges is funny..anywho..May God Bless Fiji..

  3. Striker Says:

    Yes folks, the powers of the President, not the Constitution, is the supreme authority in Fiji. John Samy please note and re-draft your charter accordingly.

  4. IslandBoy Says:

    So does the Gates judgement give Frank carte blache to do what he wants when he wants never mind what we the people think?

    Where do, “we the people” go from here?

  5. coffee bean Says:

    @ IB – precisely. The message is clear, manipulate the Presidency & hve your free run. Only he has been well-advised by his legal eagles, that’s for certain. We’re all still waiting for the judgment, plenty typo errors me correct taki tukuna o koya!

  6. ex Fiji Tourist Says:

    It’s now official!

    The judiciary in Fiji is corrupt!

    Australia and NZ should now up their travel advisories to warn people to not travel to Fiji as there is no chance of getting a fair trial.

    The jewel of the Pacific is nor reduced to cheap glass.

  7. LUVfiji Says:

    ..

  8. Save the Sheep Says:

    Let us also not forget that this is the Same Justice Gates who was found to have been compromised over his handling of the Qaranivalu’s case and lo and behold the Judge who found him out had his house torched………

    The international community should now have NO Mercy on Fiji.

    The way that Australia was slandered in this judgement too must be open to Challenge.

    What a mockery of Justice!!!

  9. Semi Says:

    Can we stop having an election for a PM and elect the President so he has my mandate. If he has so many powers than he should have the peoples mandate.

  10. Peace Pipe Says:

    After a long winded verbiage on his ruling puf Gates gave the stinkest fart ever produced. There is no justice in Fiji with these druids hired by the pig. It is now proven everything is illegal in the govt – ig and judiciary.

  11. bodyguard Says:

    As I have always said, sa dua na President..Tui Vuda..maga-i-tinana cicilevu..sona levu..liumuri we have in Fiji.

    dua mada vakamatea na boci.

    what else to say when tax paid arseholes sleep on the job…..some check the pressie … maybe his dead already. LUVENI BOCI.

  12. Dauvavana Says:

    iT’S A FOREGONE CONSCLUSION AFTER ALL IF THE poofter gates ruled against the Pig he is infact ruling against his very appointment into the Chief Justice role. Self inflcited or sucideal I would say.

  13. church mouse Says:

    There’s a fraction too much fiction. I listened to the last part of Session One and it’s full of fictitious pseudo ‘information’. Guess the ‘selected’ judiciary are entangled.

  14. Imroz Buksh Says:

    IslandBoy Says:

    October 9, 2008 at 1:01 pm
    So does the Gates judgement give Frank carte blache to do what he wants when he wants never mind what we the people think?

    Where do, “we the people” go from here?

    Who are u people? What about WE THE PEOPLE WHO SUPPORT THE IG!!! The Truth Prevails always,yes, LQ and CO. u mite as well join the wagon train and tow the line, but I believe Appeal is the only way to go..huh. The international community should respect the judgement handed down, the due process of law was followed, thats Democracy at its best. It works for Coup makers too!!! ha!ha!ha!ha! Blog on people, blog on !!!

  15. Striker Says:

    What I don’t get is the High Court condoning by virtue of the President’s reserve powers, whatever that means, the illegality of the actions of the Commander on 05/12/06. Does this ruling mean that the military can get away with murder?

  16. Wailei Says:

    Only in Fiji Dina!

  17. Save the Sheep Says:

    That is right Striker. This ruling means that when Frank says he will uphold Human Rights, he is allowed to stamp on peoples’ heads if they disagree with him.

    After all as the Mimi keeps telling us, we have our rights intact “up to a point”.

    Enjoy your moment Imroz. Ye reap what ye sow….

  18. Cama Says:

    If the President’s is always right according to law then we abolish the Military and we might not have any coup in future because the President is the Chief of Staff so he will be manipulated all the time by the Commander of the Military so thats another point for politician to ponder when they come into power.

    Remove the Millitary. we cannot do it now but one day mafatu.

  19. LUVfiji Says:

    @Wailei.

    I hope you are going ahead with yr protest tomorrow and that you will gather the desired support. All the best!

    GO Fiji !!

  20. Cama Says:

    Another good point raised bySemi is to elect the President but we will take away the power of the BLV.

    This is in line with AG’s thesis for his master program. This a drama where we are trying to practice AG’s hypothesis.

  21. Cama Says:

    If you want to read AG’s thesis, check with Business magazine

  22. Wailei Says:

    @LUV FIJI – Certainly am… We are still going ahead with it. Vinaka

  23. painter Says:

    Hey, all the best with yr planned demonstration Wailei! It’s not over till we say it’s over right?!

  24. Semi Says:

    @Cama will check out his thesis, but thats the stand presidential powers. The other thing we can do is for all Province to send in their representative to the BLV than from their we get the support and elect a VP that will replace Iloilo than do the same now… will see what the ruling will be if VP (President) removes Voreqe

  25. Jone Says:

    The President is above the law is the gist of this ruling.

    In a democracy – We are equally answerable to the supreme law of the land embodied in our Constitution and any sightings outside its parameters is illegal and there were many such indications by one Anthony Gates. Looking forward to how the Lawyers will weigh in on this ruling and for that matter the International Community who no doubt will be taking apart Fiji’s Constitution with a fine tooth comb and hopefully ask the tough questions we all want heard. In the meantime crank up total rejection of the Charter on the ground. Up the ante on sanctions and travel bans. The Pacific Islands Forum now gets my vote to kick the Regime out of membership and then move headquarters to Samoa. USA’s rejection of Bainimarama’s visa today is great news putting a smile on everyone’s faces. Discuss now, how to slowly move regional offices out of Suva to Samoa and as well as Diplomatic Missions. After Fiji returns to Parliamentary rule then perhaps reconsider moving back. Those are things all within your powers to do. Proceed.
    Make that the permanent seal of disapproval against dictatorship rule in the Pacific. We are headed towards a Mugabe type rule for 15 years. Do not hang around giving an appearance of support best you vacate 1 by 1 or 2 at a time. Leave them *the Regime) with a constant reminder of their failure.

  26. EnufDictatorship Says:

    As much as I want this regime punished, I don’t wish for anymore regional offices be moved out of Fiji because bringing them back will be an insurmountable task.

    The target has to be Vore and his goons, continue the travel ban, reject them frm the PF and start talking about their abolition. Because those redundant military personnel can always find good use in picking up farming/fishing machinery and toil the land and sea for a living rather than guns. Or maybe some may have enough brain matter to be teachers, nurses, doctors, hotel/tourism personnel, office workers etc…

    As for the ruling….even we non-lawyers can see the bias in the ruling and the tabe2 technique in it. Gates you may read law but we laymen can interpret it better than you..luveni *&%$#^

  27. ex Fiji Tourist Says:

    I wonder if injustice gates has read the constitution?

    I wonder what threats have been made on the lives of these so-called ‘judges’ by bananasinpyjamas?

    After all, if bananas can burn down the house of the judge who overruled injustice gates, burn down temples and order the killing of soldiers and civilians, just imagine the horrid details he would have given to these 3 pathetic fools.

    Fiji is now the only country in the world where it is ‘legal’ to have a coup d’etet.

    These 3 stooges have been to their last legal conference; Aust and NZ should ban them immediately from traveling there.

    The ‘comedy’ just keeps coming.

  28. ex Fiji Tourist Says:

    Again people, turn tomorrow in a national day of mourning for justice, democracy and human rights.

    Stay home and wear black.

    Do not let your children anywhere near these illegal thugs and their party.

    Write letters of protest to the papers

    Turn your back on them

    Reject, reject, and again I say reject [ the military charter ]

    Write letters to the UN, C’wth, Aust and NZ to intervene in Fiji.

  29. Jone Says:

    Well what I really meant by that ED is that we are not naive into believing that such an undertaking of returning the Regional Offices is easy. In fact we do not mind them getting moved for the next 20 years, after all Bainimarama has publicly declared there will not be an election for that many years unless his terms and conditions are met squarely by the people or that the people make a concerted effort of pretend acceptance for the sake of permanently securing the military watching over the government affairs for all eternity. I say the Pacific Nations and the free world owe it to the Fijians to relocate and do it sooner. It is better to be in a Fiji that is regional offices free and diplomatic offices free but with a parliament that functions normally. At the moment, all Pacific countries are normalized in the most vital areas that we, so desperately hunger for …. And they are enjoying all that without being host.

  30. KaiFiji Says:

    shhh !hey you know what after reading all your commnets everything said is ..President is above the Law..But we forgot to mention that there is someone who is above the president and above us all who is well Alive . GOD. Ithink it is time for us to pray for Him to show Fiji what he has at stake. He will definitely. Let us not bow down to this manmade decision and lets wait for his i am not moved at all from what Gates said because i trust God and I know His own timings and Judgements will be srved unto us, President, Gates, Banimarama and to all of us..All we have to do is pray and wait for Him. Go ahead Methodist church and Qarase God has partly showed Him in this verdict. To me his intention was for us to kow today that our Judicial System is corrupt. He will let (IG) them enjoy for a while but I tel you, His destructions will follow. I am happy and I really enjoy my Bible who spekas to me as they are God’s word. God Bless Fiji. God Bless Fiji. May god Bless Fiji. Amen.

  31. NadroKid Says:

    Kua na soro bloggers! Keep on speaking the truth on this blog and to every Tom, Dick and Anare you come come across. The truth will set us free! And when you speak the truth to friends and enemy alike, speak it with love. Lets continue to win hearts and minds. You got soldier friends and family, win them over to the truth one by one? I think we are doing a pretty good job with that (winning hearts and minds). I wonder how many people believe this Gates judgement is legit. Anyway, its a hurdle we shall just have to step right over. No retreat no surrender! Vinaka vakalevu SV and all na update kei na solivakasama.

  32. Striker Says:

    Vinaka KaiFiji. Yes, Our highes obligation as Christians is to the love of God and fellowmen. Not a crooked court, and certainly not an illegal regime justified by a crooked court.

  33. lele Says:

    Well the methodists fasted for God’s decision and guidance. Isnt this the answer to the fasting and prayers?

  34. IslandBoy Says:

    @KaiFiji – I totally agree with you. If you click on http://www.dailybible.com/cev for the contemporary English version you have three choices.

    Without giving up or gicing up hope is it ime we looked at oursleves and also confessed some of our weknesses and things we may be doing wrong in the God’s sight?

    The bible verse for today, for us (on the site it will say today is Wednesday because its from the northen hemisphere) is as follows:
    ———————

    Jeremiah Speaks in the Temple
    (Jeremiah 26.1-6)

    Jeremiah 7 1-3The LORD told me to stand by the gate of the temple and to tell the people who were going in that the LORD All-Powerful, the God of Israel, had said:

    Pay attention, people of Judah! Change your ways and start living right, then I will let you keep on living in your own country. 4Don’t fool yourselves! My temple is here in Jerusalem, but that doesn’t mean I will protect you.

    5I will keep you safe only if you change your ways. Be fair and honest with each other. 6Stop taking advantage of foreigners, orphans, and widows. Don’t kill innocent people. And stop worshiping other gods. 7Then I will let you enjoy a long life in this land I gave your ancestors.

    8But just look at what is happening! You put your trust in worthless lies. 9You steal and murder; you lie in court and are unfaithful in marriage. You worship idols and offer incense to Baal, when these gods have never done anything for you. 10And then you come into my temple and worship me!

    Do you think I will protect you so that you can go on sinning? 11You are thieves, and you have made my temple your hideout. But I’ve seen everything you have done.

    12Go to Shiloh, where my sacred tent once stood. Take a look at what I did there. My people Israel sinned, and so I destroyed Shiloh!
    13While you have been sinning, I have been trying to talk to you, but you refuse to listen. 14Don’t think this temple will protect you.

    Long ago I told your ancestors to build it and worship me here, but now I have decided to tear it down, just as I destroyed Shiloh. 15And as for you, people of Judah, I’m going to send you away from my land, just as I sent away the people of Ephraim and the other northern tribes.

  35. Kaiviti Botoboto Says:

    OH Man! This is totally disgusting and insulting to the intelligence of the citizens of Fiji. And it took them seven months???? The obvious is that IT IS ILLEGAL TO OVERTHROW A DEMOCRATICALLY ELECTED GOVERNMENT. Even I can understand that, and I am a class 8 graduate!!!! I am soooooo angry at this decision that I believe it should drive us from our fears, intimidation and passive attitude toward this military poopoo. We need to rise up and tell voreqe we’ve had it with his crap, lets get to the streets and demonstrate it. Hey thank you SV..I have a place to vent!!!

  36. Kaiviti Botoboto Says:

    and what the heck is going on with Iloilo???? Isn’t he supposed to have resigned to veiseisei already? Didn’t I hear that his people had requested that he retire from the presidency due to some sort of dementia?? Please Mr Momoedonu, bring your peole and take your chief home…He is a DISGRACE!!!

  37. IslandBoy Says:

    @painter – I never responded to Budhau and likewise will NEVER respond to Imroz Buksh. Absolutely nothing to be gained!

    If he doesn’t think there is any value to posting on SV why is he here and reading what we have to say?

    It is evident that you feel greatly for this country and if you paint with the same passion you write, I commend you ignore the little creep and he will disolve into thin air like Budhau. He’s just not in your league.

  38. Truth Says:

    How about those temple burning Fijians. Why don’t they leave those temples alone because they are places of worship. Vent on Bainimarama and his family members instead would be more useful to the nation and to the Fijians. Burning the temples makes the Fijian look bad and promotes the nonsense Bainimarama tries spouting to the world at large. OMG is that the idea? It just now occurred to me that these Temple burnings are more than likely a set up to keep everyone believing that Bainimarama and his goons really do have a case. Think about it folks.

    And as for this fiasco of a ruling from this severely handicapped shameful judge is truly laughable. It was predicted but brought on gales of laughters when actually heard. Gates boy, you had to rule in favour of your own skin.

  39. Kaiviti Botoboto Says:

    gates and the other two buttholes have just presented an open invitation to anyone who may become dissatisfied with a current government, that you can kick the pm out, take over and rule with the gun…uuuggghhh…Lord help me I am soooooooooo mad!

  40. LUVfiji Says:

    Tulou SV..

    Here’s one darlings from our sister site RFN: I luv it..

    It’s not over yet!
    October 9, 2008

    “The show is not over yet until the fat lady sings,” and the fat lady is still finding her way onto the stage people. That fat lady are the independent judges who will preside over the appeal’s case against today’s court judgment that ruled the appointment of Frank’s junta as legal. There are indications from the SDL camp that they will appeal today’s ruling. And good on you SDL! At least they will lead the way to allow those who are against Frank’s junta to exhaust all meaningful peaceful avenues to prove that coups must never be included as an ingredient to the recipe of building a better Fiji.

    Rule of law is paramount and today’s ruling has put another major test on Fiji’s law-abiding citizens ability to accept the judgment. We have accepted today’s ruling but we, like all the majority anti-coup and pro-democracy Fiji citizens, expect that our decision not to agree with the judgment outcome must also be respected by those who favor Frank’s regime. After all, it is always healthy to have differing points of views on important issues that test our moral fibre for RFN still maintain that Frank’s coup and the human rights violation that ensued was and still is wrong.

    Things happen for a purpose and what transpired today at the court house is no exception. No one is above the law eventhough it is extremely against our anti-coup principals to accept that the 2006 coup has been somewhat legalised, however, one must practice restrain and patience when subdued with things that our spirit tells us is not in alignment with our moral beliefs.

    It’s not over yet Frank! We have time on our side, not you!

  41. Truth Says:

    Yeah someone should be mad enough and pour some benzine or kerosene around the sob’s homes and alight! Qori ragone, kevaka dou sa bole mo dou lako i vale ni veivesu, bau vinaka mo dou lako tu yani na vuku ni dua na ka e yaga. Destroy these people’s properties will do us all a lot of good. Someone said a smile in the faces for all.

  42. kafir Says:

    the decision has been predicted already in this site. to all of us, the name of the game is patience.

    right now, everybody just work hard ga, look after our familys, childrens education shud be priority, join a church or seek spritual help from the man above, practice forgiveness, do good to all and look after one another with LOVE.

    ena qai yati ga mai na colo.

  43. tim Says:

    Someone above cynically suggested the Gates decision is democracy and tuff shit – that’s the way the law is.
    It ISN’T over however. That’s also the way the law works. SDL can/will appeal, and even if disallowed there is no permanence to the decision made. Further than that, there are other aspects such as the legality and mandate of the judiciary itself which, if not able to be tested now might come about some time in the future.
    There are not even any guarantees with amnesties if at some time in the future an elected parliament chooses to ammend a law or even create a new one.
    I reckon what this is all about is that they’re all running scared. The only problem is that it’s all about time – which is why this junta (and incuded in that, the judiciary) has delayed everything they possibly can. Of course the longer they do, the greater the opposistion to them grows and the harder things get for everyone.

  44. Na Dina Says:

    Poor George at Naboro Max …Rambo and Vore are laughing all the way, Thats Fiji Justice folks lets keep on fighting the good fight

  45. Tosotiko Says:

    Winston Churchill, the great British war time Prime Minister said this in a speech on 28 October 1941:
    “This is the lesson: never give in, never give in, never, never, never, never – in nothing, great or small, large or petty, never give in except to convictions of honour and good sense. Never yield to force; never yield to the apparently overwhelming might of the enemy”

    Folks this is from a Winner against all the odds from the mightly German war machine. It is our convictions that must carry us through this farce. Not the poison of giving in with the wishful thinking that our unprincipled compliance will influence God to give us the Victory.

  46. Soul of Fiji Says:

    SET SPEIGHT FREE!!!!!!!
    SET THE CRW SOLDIERS FREE!!!

    Now coups are legalised…..anyone not happy with his or her boss, take a stick and chase him/her out of their office and YOU WILL BE THE BOSS.

    COUP YOUR TEACHERS AT SCHOOL….ITS LEGAL
    COUP YOUR SHOPKEEPERS…… ITS LEGAL
    COUP YOUR BUS DRIVER…….ITS LEGAL

    COUP ANYONE AND ANYBODY…..ITS ALL LEGAL IN FIJI.

  47. ex Fiji Tourist Says:

    SoS

    Spot on there mate.

    Coup the tax office

    Coup the police station

    Coup the govt buildings.

    As you say, it’s now legal

  48. ex Fiji Tourist Says:

    @KaiFiji

    Thank you for your ‘insightful’ words.

    My first thoughts after reading about this absurd misjudgement was that there isn’t a God if he could allow such mistreatment of Fijians.

    Then I read your post.

    Soon afterwards, someone posted the words of Churchill; ‘Never give up’.

    I quickly shook myself, regrouped, thanked the Lord for his blessings and realised that this misjudgement is part of God’s plan to have this illegal junta self destruct without bloodshed from Fijians.

    Thank you and may God bless you.

  49. Jose Says:

    The judge Tony Gates- compromised lifestyle- a happy little old homosexual. making righteous judgement for the nation. COUP is LEGAL!!!!! SURPRISE!!!! SURPRISE!!!!!! What do we expect?

  50. lele Says:

    Tui why are you calling the SDL and Kinivuwai. I’m here! Call us and tell us where to meet you and what to do. Leave those politicians aside who have fooled is all this time and are only there to make money for themselves. See how many of them have suddenly had bajaru’s in their government pajero’s once they became ministers. Once they were removed the bajaru’s have gone too. Common lets do it and tell us where we meet and wreck this country once and for all.

  51. goat makawa Says:

    kini u too much karisasa

  52. benhur Says:

    Take the appeal to the World Court and let them make a fair decision and i think since Fiji is a member of the United Nations then the Government of Fiji will have to abide by ruling of the World Court.

  53. Blogger Lele exposed naked « Soli Vakasama Says:

    […] Blogger Lele exposed naked https://solivakasama.wordpress.com/2008/10/09/judge-gates-upholds-presidents-prerogative-to-rule-dire… […]

  54. Lawcast Says:

    iji’s High Court judgment on coups

    October 11, 2008

    By Michael Field

    Fiji is now the complete banana republic.

    These are the people who made it; Voreqe Bainimarama, Anthony Gates, John Byrne, Davendra Pathik, Aiyaz Sayed-Khaiyum and the assorted peon who submitted extravagant invoices in a mosquito like fashion as they feed on the body corpus that is Fiji today.

    Many will, of course, see in the Fiji High Court, in the case of Qarase and Others v Bainimarama and Others, file HBC60.07S, all the evidence of corruption they need. I have no idea whether the assorted shallow characters are corrupt. What I do see, though, is complete intellectual poverty, self-interest and a kind of idiocy that only Suva can provide.

    Gates – for it was he who wrote the judgment as the others were too limp to say otherwise – began his judgment thus: “This case is about the lawfulness or otherwise of certain acts carried out by the President following military intervention in the government of the State.”

    No, it was not. It was about the morality of armed men on the streets intimidating citizens and democrats. Gates, by defining the argument in the way he has, has ensured that forever his name will be associated with self-serving intellectual poverty.

    His judgment will only be cited in the same way as rulings of the Zimbabwe High Court are cited; as examples, not of corruption, but of the way that otherwise good men fall silent, out of self interest, when faced with evil.

    This was not a miscarriage of justice at all; it was not justice at all. It never left the platform in the first place. Sadly, every individual whose name is on the paperwork is compromised by there failing to honour greater truths.

    They all played a game.

    So, let us wend our way through this document, doomed to obscurity; un-cited, unnoticed, a national embarrassment for Fiji. No one, least of all the characters who have stained their name on it, will be mentioning it on their CVs.

    The essence of Qarase and Others v Bainimarama and Others is the need to ignore reality and create an entirely false argument. That tort is the existence, or otherwise, of the notion of “reserve powers”, that the president has some kind of power, greater than that expressed in the constitution, to control Fiji.

    We are all tediously familiar with the belief, so often expressed, that Fiji is special, different, that no other place quite exists in the same way. Of course, this is fantasy. Gates, ill-read and plainly not much of a man of the world, fails in the entire judgment to note that all this has been argued before. Not in obscure citations he uses Wikipedia to adduce, but in real life. In Australia in 1975 when the often pickled Governor-General John Kerr dismissed Labor Prime Minster Gough Whitlam.

    Except in this case no one suggests that Fiji President Josefa Iloilo is a drunk. Far from it; he is worse. He is mentally incompetent and has been for years. It is not that he is stupid; in his day, he was a rather average schoolteacher. However, for at least a decade simple clinical conditions have rendered his brain inoperable. He should be in a home for the distressed elderly. Instead, Bainimarama has turned him into a ventriloquist’s prop.

    Gates, writing of reserve powers, is ignoring this reality. Iloilo no more “exercised” his reserve powers than he flew to the Moon. A coward who ran away from gunfire in 2000, and now, in his flailing years wants to prove his manhood usurped his reserve powers.

    For a moment, let us touch on the character of Anthony Gates, who fills the shoes and claims the salary of his superior who was frogmarched from office by the military guns. Gates, no doubt, is comforted in his moral insecurity by his salary.

    As I said before, let us note that there is no evidence that Gates is corrupt.

    But Fiji’s Court of Appeal did find that he was incompetent and biased in the cast of Ratu Inoke Takiveikata. Gates put him in jail for life after convicting him for mutiny.

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