23 September, 2019

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From A Farce To Witch Hunt

By Asian Human Rights Commission

The impeachment of the Chief Justice which was staged as a farce has now turned into a blatant witch hunt where the government is shamelessly mobilising taxi drivers and other mobs to call for the resignation of the Chief Justice.

Today was declared by the lawyers a day of protest against the impeachment process which is ignoring the request by the Supreme Court to delay the proceedings until it inquiries into a constitutional question referred to it by the Court of Appeal requesting legal opinion. Meanwhile, local and international pressure has also widened and the government has been told in very clear terms that any impeachment must be preceded by a genuine inquiry by a competent and impartial tribunal. The government is also being told that an inquiry by a Parliamentary Select Committee would not meet this requirement. However, the government is blatantly ignoring the criticism against the manner in which it is proceeding and has begun to resort to street tactics in dealing with this all-important constitutional question.

Today, while lawyers, religious dignitaries and others gathered to show their solidarity with the Chief Justice and protest against the blatant violations of the constitution by the government, the government has responded by bussing in people to shout slogans against the Chief Justice. According to reports about 500 Special Task Force (STF) personnel were sent to the premises of the Superior Court Complex. The STF is a paramilitary unit working under the direction of the Ministry of Defence. The task of peace keeping belongs to the civilian police and not the paramilitary groups such as the STF.

Yesterday (December 3) the judges of the lower courts, that is the Magistrate’s Courts to the High Courts, gathered at the official residence of the Chief Justice and held a two-hour consultation with her and declared their support. It is clear from the statement of the judges that they perceive the impeachment as an attack on the independence of the judiciary. In the joint statement of the judges they stated that the impeachment proceedings are being conducted in violation of the respect owed to the Chief Justice and the judiciary. They also pointed out the unbecoming behaviour of the media. They stated that such behaviour of the media amounts to contempt for the court. By such contemptuous expression, not only is the Chief Justice being brought into disrepute but it also affects the respect for the courts and thereby contributes to the collapse of the rule of law. They also stated that the inquiry against the Chief Justice should be done impartially and with transparency. They went on to state that the inquiry by a body that includes seven persons from the government violates natural law and blatantly violates all legal considerations and that nowhere in the world would decisions on such matters be made in this manner.

Thus, what is now taking place is a clear confrontation between the judiciary as a whole and the government. On the one hand the Supreme Court has granted leave to proceed in several cases and fixed inquiry into the cases referred to it by the Court of Appeal. On the other hand all the lawyers of the lower courts have gathered and clearly indicated that they have begun to perceive the threat to the independence of the judiciary.

Under these circumstances any government would have heeded public opinion and take appropriate action in order to ensure that whatever action is taken is within the law and would in no circumstances infringe the basic guarantees of the independence of the judiciary. Such a rational reaction was to be expected as the matter involved is of the utmost seriousness and the attention of the whole nation is now focused on this issue. Besides, the international community is clearly watching and the matter at stake is of the most sensitive nature in terms of international relationships.

However, the way in which the government is reacting does not show much regard for these important considerations and instead seems to rely entirely on muscle power in determining the outcome of this most important constitutional issue.

This does not come as a surprise as the government has drifted from a democratic form of governance to the governance of a shadow state. This shadow state relies more on the security apparatus that is the paramilitary forces, intelligence services and the military rather than the democratic institutions. In fact, the democratic institutions have ceased to function independently and are controlled by the presidential secretariat.

Everything else other than the presidential secretariat and the Ministry of Defence seems to have become irrelevant. Naturally the security apparatus in all critical moments brings in mobs and criminal elements to counteract people who express their democratic aspirations by way of peaceful demonstrations.

For this shadow state the independence of the judiciary is an obstacle. The shadow state requires the kind of ‘judiciary’ which will merely carry out its orders. Legality and constitutionality are matters that have no relevance to the functioning of this shadow state.

Under these circumstances the government is now engaged in a witch hunt against the Chief Justice as well as all the judges who demonstrate any attachment to the independence of the judiciary. This witch hunt will also extend to all independent lawyers. As we have pointed out in the past the rule of law is now rapidly being displaced by direct government control without regard to the law.

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    It took me over an hour to cross the Battaramulla, Parliament stretch of the road this morining becasue a protest orchestrated by politicians was in progress. The protestors were bussed in, I gathered from the buses parked, from places like Kelaniya and Mathugama. What was a sad spectacle was facr that there were hordes of police officers who were assisting the protestors, re-directing traffic, and being partial to the politicians.

    I felt a terrible sense of sadness considering the fact that a lone woman had to stand up to hooligans, both inside and outside our legislature.

    The is a cliche which says ” we get the government we deserve”.

    Oh Tempora Oh Mores

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      Joust in case I missed some thing is our opposition leader Maduluwawe sobitha Thera?

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        Maduluawe Sobitha is the leader of the Sri Lanka Spring – the movement to end military dictatorship and restore democracy, you donkey!
        The writing is on the wall – the Lanka Spring is gathering momentum around the unjust impeachment of the CJ by a parliament of knaves and uneducated clowns. Rajapassa’d days are numbered. The guy, drunk with power, forgot that:
        while you can fool some of the people some of the time, you cannot fool all the people all the time. Rajapassa and his greedy brothers and off spring have overplayed their hand and the Lanka Spring is gathering slow but sure momentum as the professionals, civil society have had enough of Dictator – Asia’s Gaddhafi’s days are numbered!

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          Indeed! Lots to look forward to in the new year!

          Politics in Lanka is morphing from farce, to witch hunt to LANKA SPRING – the people’s movement to overthrow the military dictator and his war criminal brothers and clean up the disgusting political culture that is at the root of the present governance crisis!

          Come 2013, and the down fall of the Rajapass dictatorship!

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      There is a shadow state run by a Dictator and his family while a facade of democracy is maintained in Lanka today..
      As the Sri Lanka spring gathers slow but sure momentum to throw out the nasty dictator, question is, where have all the NGO ladies of Colombo who get big bucks for Human rights jaunts disappeared when the country’s first woman CJ is being harassed by a bunch of thugs who sit in the diya-wena parliament?
      Rosy Senanayake was also harassed in Parliament by the clown who is Minister of Transport.. but NGO queens are silent on the rank sexism in the Sri lanka parliament.
      While Rajapassa has got his Saffron clad Sinhala women and his cabinet of clowns out on the streets, are the Colombo feminists hiding with Ranil’s great feminist wife?!

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        Does anybody have a strategy to chase out the junta……like a Bin Laden type of operation….

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        I am building some suspicion…..on RW…I have a doubt on him….and my guesses are pretty much accurate….

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      Where are the opposition cowards? Sleeping or hiding? They are as corrupt as the UPFA. Sri Lanka has to make sure corrupt UPFA will not be replaced by even more corrupt dictators of the UNP. Hopefully upcoming Sri Lanka Spring will produce great leaders to take us forward.

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      This is the sad reality prevailing in the country today.

      Everyone who respect rule of law – cant live in peace ANY MORE seeing all these. Sobitha thero^s great involvement proves that clearly. I would not accuse the religious leaders of joining these protests against the GOSL – at this very critical stage of the country^s politics. Leaving all the differences, peace loving, people that respect rule of law and the democracy should rally round collectively to go against the tyrannt. For sure, there will be no CHOGEM in SL next year, IC, commonwealth and UNO and all human rights organisation closely watch all these perhaps better than the easily manipulative folks in the country.

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        Sofa,

        I think the citizens committees are uniting like FUTA, Teachers Asso, trade organs and some university dons and other youth groupes.
        But we need more to fight with this monster and Lawyers, Judges, Judiciary with the help of clergy is a more positive sign.
        Also there should be close communication with international community and SL Diaspora etc.

        I think a collective countrywide mass protests including general strikes could cripple the govt.

        Yes the international community could implement a travel ban to all the perpetrators and also a possible arrest and trade restrictions could bend their backs initially…..later……

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    Govt is desperate to get rid of the CJ and bring the rest of the judiciary under their control. No doubt they require this for repeal of 13A, 19A and other fraudulent schemes such as divinesuma.

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    These dumb fools allowed the 18th amendment without a fuss, now regretting it.

    I knew this beforehand many illegal moves in the drawing board.

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      Jim:

      MARA MF covered everybody’s eyes with the war victory. There was nobody to challenge him. Gen. SF was jailed and opposition and people’s mouths were shut. Lands and other gifts were given to Buddhist preletes. Got the longest and most prestigious name ever from Kandy buddhist preletes. Ex CJ Sarath N. Silva pressed hard on current CJ to get 18th Amendment passed…..the rest is history.
      Now the MR MF is intoxicated with PRIDE and avting like a drunkered or Dru….s horse with horns…..

      It’s time to act soon before another 9/11.

  • 0
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    Come back Shavendra and save us a second time?

  • 0
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    No amount of comments will overcome the one and only plan of this
    Regime Brothers – towards a D I C T A T O R S H I P.
    They have the Forces and an abstract “people-with-us” Vote to do
    anything, repeat anything they want. So be it.

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    Do you say finding this witch hunt?
    Dr. Shirani Bandaranayake’s Account No. 101110002058 (Old No. 100002001360) maintained at the National Development Bank (NDB) reveals the following:
    (1) During the year 2007/2008, four debits to the value of Rs. 5,524,875.25 and eight credits to the value of Rs. 5,524,875.25 transacted. On 31st March 2008 account balance is zero.
    (2) During the year 2008/2009, 22 debits amounting to Rs. 31,860,754.47 and 41 credits amounting to Rs. 31,860,754.47 transacted. On 31st March 2009 account balance is zero second time.
    (3) During the year 2009/2010, 10 debits amounting to Rs. 15,508,794.63 and 18 credits amounting to Rs. 15,508,794.63 transacted. On 31st March 2010 account balance is zero again for the third time.
    (4) During the year 2010/2011, 27 debits amounting to Rs.57,488,454.95 and 37 credits amounting to Rs.57,488,454.95 transacted. On 31st March 2011 account balance is zero for the fourth time.
    (5) During the year 2011/2012, 88 debits amounting to a staggering Rs.256,416,639.42, and 171 credits amounting to Rs.256,414,342.34 transacted. On 30th March 2012 account balance is zero once again for the fifth time.

    That means, from 2008 to April, 2012 a staggering Rs.366,799,518.71 (Three hundred and thirty six) have have been credited to Dr. Bandaranayake’s above account. Dr. Bandaranayake had not disclosed any of those transactions in this account or interest earned from it in her Assets and Liabilities Declaration because her balance at the date of declaration has been zero. If any of you wanted to know more please read the full article in the ‘Daily New’ dateline December 4th, 2012.
    Leela

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      Balderdash, How stupid you could to feel in this way..

      Do you ever think that CJ or any high educated person would react to the manner that he or she would later be easily found abusive ? After all as a Judge, I really dont think – he or she would ever try to be coruptive because he or she would always ask him or herself before doing any abusive thing whether it is right or wrong. That should be born in her – as a judge who is reported to have worked along the years before being appointed to the position. I know by myself, if I am very honest, I cant easily do wrongful things.

      This is but different with our leader- who is said to be a lawyer – but he himself sponsor the crimes. This we have seen during the last few years in his office. And also going back to his past in his 40 years political life. Not better to that of Mervin- If I may say so. Mervin has caused numerous problems to the Kelaniya people, but surprisingly he dares to return to them and address new things in the area – just forgetting the past issues easily. Mervin ^s nature is not at all similar to a learnt academic.

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      If all your allegations are true, why did not government allow an independent inquiry into it?

      Why are people such as Wimal Weerawansa, Rajitha, and other jokers in this committee? Why is Basil and MaRa completely controlling PSC investigation. Why was Pradeep K appointed by MaRa in the FIRST DAMN PLACE. Why are there 7 members in PSC. Even when UNP had 5/6 power in parliament in 1980s, speaker gave 3 seats to SLFP at PSC.

      Reality is Basil’s Divi Neguma bill was scrapped and we know everything else is pretty much BS.

      I voted for Mahinda Rajapakse in2010 elections mainly because he won the war and i repent with all my heart and i really do mean it.

      I have to live with my conscious everyday that i voted a monster in for power.. this indeed is a living curse.

      I beg you – please do not support this criminal government. Not for the sake of CJ but for sake of YOUR OWN future generation

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      Leelo:

      This is for you my friend Leela:

      Yamang Bando, Vesak Ballana,
      Yamang Leelo, Naduwa Ballana,
      Rupiyal Dahai, Bothalayai,
      Packet Ekak, Nomile Lebei,
      Yamang Leelo, Naduwa Ballana.

      Vesak Re-visit on 6th December 2012 .
      Venue = Sri Lanka Parliament Complex
      Musical Group = Medamulana Alibaba and the Clan.
      Special invitees = Mr. 10% (ten percent), Mr.Satakaya, Mr.Ladie’s man . Mr.Space man, Mr.Seaman and Mr.low man

      All are welcome including my friend Leela.

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        Leela will deny that because

        BTW – this is the latest news: LEELA WILL GET MARRIED TO MERVIN.

        SHE IS ABOUT TO GET MARRIED TO MERVIN SOON.

        WE THE TRULY ONES WHO HAVE BEEN WAITING FOR JUSTICE TO GET BACK HOME- WISH LEELA A GOOD LIFE WITH MERVIN.

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          I know Mervin is married…..other than run away with Leela
          I thought Leela is occupied with Maharaja……That’s why I want to take her for the concert….
          But after you told I feel sssssssaaaaaaddddddddd

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      CJ’s lawyers have asked PSC to submit written evidence. They have been unable to do so. Maybe you can give them a hand. Only make sure that they know to count. I have my doubts about some of them.

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    And please do not tell me to refer to Daily News.

    Daily News is using MY MONEY — tax payers money to run a bloody prostitution campaign supporting MaRa and Basil.

    How ethnical is that? Thats my money they are using to fund that campaign.. Not personal property of Rajapakses.

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    Greenbacks and Western Visas, are the new weapons of social destruction and economic sabotage in countries where Western powers have no clout.

    NGOs, specially the ones who are manning the South Asia desk,have surplus budgets with Srilanka acheiving peace after a thirty year armed insurrection.

    Saying judges must be indipendent is a statement of the obvious.

    The Govt ought to ensure this indipendence as well as ensure that the social harmony and economic progress are protected through the powers vested in the peoples assembly which is elected,by the great majority of inhabitants.

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    LEELA I WOULD LIKE TO SAY FEW THINGS FOR UR COMMENTS.
    WHO PUBLISHED DAILY NEWS?
    HOW THEY REACH INFORMATION?
    DO YOU KNOW THAT NO ONE CAN ACCESS TO BANK ACCOUNTS WITHOUT COURT ORDER..
    People WHO ACTUALLY RAISE ILLEGAL FUNDS THEY DONT USE BANK ACCOUNTS!!!!

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      Just leave it please, it is not even worth commenting her inputs.

      She is brainwashed as the village/rural and some urban masses that keep protesting. They are almost like hallozinated by the magical performances of the current regime. I never thought that the people of leela s ilk would fall on the same track – that easily, unfortunatly it is obvious, the situation is worsening. People are fed with wrongful info – and have been doing this job again and again deceiving the folks. Leela is just one of them, but things will come to surface soon.

      Regime will not be able to do the job continously – if ours have been a wise folk.

      I stoped reading Daily news some 10 years ago. So did masses that can see the difference – but Leela. Her ship will sink soon.

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    It is not that easy to oust this despotic family regime.our people wont come to the road unlike other countries.Opposition parties are also not that effective in organizing protest against this family rule.I think international pressure could bring this government to its knees if it effectively enforce sanction on human right issues and also against the blatant violation of the independent of the judiciary of this country.It is shamed to see that buffoon and idiotic Marvin Silva asking chief justice to step down.

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    Leela you have taken what Daily news reported as gospel truth.This paper is notorious of distorting information against those who descent this government or any government in power.Credibility of this news paper is very poor and this was the same reason why its incurring huge losses.So what you could do is to request this autocratic regime to give her a fair trial then only we can know the truth.

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    How can any one quote from the Daily news or Sunday observer when their credibility has been lost forever.They are the Natzi mouthpiece of the dictatorial regime.

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    EVERYBODY WANT TO SEE AN OPEN HEARING. What type of hearing is this…..All over the world this type of impeachment not only open to public ( a number of selected guests) but also to SC judges and the Bar association and the LIVE TELEVISED BROADCAST. This alone show how the MARA gang doing everything (from tenders upto selling lands and giving contracts) hidden from public.

    All have to protest that this CJ hearing should be open to public and to the Bar Assocation and the SC judges and to the international community.

    Who is MR or the speaker to restrict peoples rights in a Democratic country. Tomorrow they will go and sit in the CJ’s seat….

    These disgusted thieves are from the worst ever rowdy areas in Sri Lanka…Weeraketiya/ Walasmulla/ Beliatta where the most crooks ever live….where MR coming from…(I know that area because I was overlooking Marketing and sales in down south) My farther always told me not to bring even a blind cat from that area…..and he proved correct.

    This MF thieves MARA crooks will never leave the positions they got by crooked way…..unless all get together and chase them even if it needs to get foreign support.

    It’s going to be hard…but not difficult also. The more they stay the more they ruin our country.

    CJ and the Lawyers should be stern to the PSC and say they should allow for public and the Bar association and the Judges to witness the hearing.
    THEY COULD HAVE THE HEARING INSIDE A GLASS CHAMBER IN THE PARLIAMENT AND CAN HAVE THE AUDIO/VIDEO LINE FOR OUTSIDERS TO SEE AND HEAR. THIS IS A MUST.

    It is the peoples bad luck for bringing these crooks into power. These are power hungry crazy fanatics which are hard to kick out….only with collective effort with mass agitation could bring results, because these crooks are ever ready to destroy the country for their illicit survival.

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    We will hang the CJ no matter what. Who cares for evidence? Soon we will have Mohan Peris as CJ. Then no one can stop Namal becoming the President. Long live the Rajapakses!

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      Leela,

      You are just another ass licker…..and a coward like your boss Mervin.

      Remember not to mess with Aluth kade…do it in Fuc…g bali atta.

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    Desperate,
    Without talking verbose bullshit, just tell us whether the Chief Justice of Sri Lanka should be crediting Rs.256,414,342.34 (Rupees two thousand five hundred and fifty six lacks) in 171 credits and debiting it all in 88 debits during the year 2011/2012 to one of her twenty odd personal accounts that hadn’t been declared to income tax department. And, that works out to be over a million Rupees of deposits to her account per every working day. Average credit is 1,499,499.07 and debit is Rs. 2,913,825.44. Now, that is beyond the imagination of many estates, factories and traders. Mind you that is only one of her twenty odd accounts. Being the CJ, her demeanour should have been exemplary.

    It’s not so much about the amounts; it is non declaration that matters. CJ should have declared from where she got all that cash from and what she had used it for. Otherwise, it all looks rather fishy. The fact that she had omitted to declare it in her Assets and Liabilities Declaration amounts to be a covering up information and that amounts to be a tax evasion. And ‘tax evasion’ is a crime. Explanations such as where she got the money and what she had done with it must be included in tax returns. Whether Mervin had not declared or the President had not declared or someone else had not declared is no excuse for any of us to evade taxes especially for the CJ. Knowingly that is what CJ has been doing for the past five years.

    Those of us with over certain income are made to declare all our incomes and expenses and assets to the income tax department by law. I declare mine to 31st March of every year whenever I get the form. Excuses such as the money in our accounts belongs to our sisters and brother-in-laws or someone else are not good enough reasons to forget income credited to our accounts in our tax declarations form. The CJ knew it and that’s why she had deliberately made account balance zero on a specific date.

    I remember CJ’s attorneys Neelakandan and Neelakandan writing to the press on her behalf to tell us that the balances of most of her accounts were zero and they were none operative and therefore not included in her tax returns.

    Neelakandan’s logic would have been satisfactory had the accounts were not used and been zero for a long time. But this particular account has been an increasingly active account except for a specific period. The problem is; The CJ had deliberately made this account balance zero on 31st March every year for the past five years.

    Modes of operandy by the CJ has been that all the money in the account is withdrawn for a short period and make its balance zero and made the account looks non-operative till the tax form is filled, insert the date, signed and sends off. This business of crediting the account and then withdrawing on the right dates to fill the tax declaration was carried on every year, as far as we know, for five years at a raw. As anyone could see the number of credits and the sum of deposit and total balance has increased every year to reach the peak this year with 256 million Rupees of credits. And that is no small transaction even for a business account. What kind of business the CJ must have been doing is the 256 million question. I am sure, more information would come later.

    What a cheat. Is this what we expected from a person holding a ‘life time job’ of the CJ?
    Leela

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      Please check it out again – where your brain is located, if there is one at all.

      That is what I can say- about your narrations. Good luck and never forget
      the nation is not stupid as you and your buggers just guess. We are marching to become LYBIA, PAKISTAN, NORTHKOREA. Thanks go to you and your like minded fellows that seem to have born to destroy the nation.

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    Ladies and Gentleman,

    Please check many times before you come with comments – Leela proves again that she is just representing the ignorant masses of the country. These masses consist of rural folks and uneducated people that have been fed by state media ( SLBC, SLRC and state news papers).

    These are the easy target of the current regime. These masses make up the majority of the people living in the country. They are ready to do whatever they are being offerfed for their survival. This is understadble to anyone who compare it with many develoing countries. They struggle for the meals than facts and the figures. So if there are any better ways to help these innocient people with facts – pleease it is the high time those potential ones and media to react. The country is a in grave situation now.

    May all powers be helpful to protect the nation and the country.

    Jaywewa.

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