15 August, 2020

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Supreme Court Lets Gota Off The Hook; DA Rajapaksa Trial Delayed Till October

Barely 24 hours after Gotabaya Rajapaksa arrived back in Sri Lanka after spending months avoiding his trial at the Permanent Trial At Bar in the D. A Rajapaksa corruption case the Supreme Court has stalled the proceedings by two months in one of dozens of cases filed by the former Defence Secretary’s lawyers to try and stop the case from going forward.

Gotabaya Rajapaksa

The issue has become doubly important as an announcement is due in two weeks about the SLPP’s presidential candidate with Gotabaya being the preferred candidate of the majority.
The Supreme Court bench led by Justice Buvaneka Aluvihare ordered that proceedings in the Permanent High Court be suspended until the matter in the Supreme Court is heard and decided. The next date for the hearing will be October 1 by which time the nomination period for the 2019 presidential election would have already commenced.

The case that came up today (25) at the Supreme Court is one of several filed by Gotabaya Rajapaksa’s lawyers to stall his D.A. Rajapaksa corruption trial.

This appeal was filed by Rajapaksa’s lawyer’s challenging a Court of Appeal ruling issued in June 2019. Gotabaya’s lawyers challenged an order made by the three judge bench of the Permanent High Court rejecting preliminary objections they had raised. The CA threw the case out saying they did not have jurisdiction to hear the writ and revision applications since the Judicature Act had stipulated that all appeals against orders made by the Permanent High Court must be heard by a five judge bench of the Supreme Court since the PHC is a trial-at-bar.

Today in Supreme Court the three judge bench led by Justice Aluvihare was hearing Gotabaya Rajapaksa’s lawyers appeal against the Court of Appeal judgement citing lack of jurisdiction. Rajapaksa’s lawyers are arguing that the CA does in fact have jurisdiction to hear the writ application against the PHC order made in February 2019.

The Bench gave Rajapaksa’s lawyers leave to proceed in the case and also decided that the trial in the Permanent High Court would have to be suspended until the matter is determined, playing beautifully into the hands of the former Defence Secretary, who reportedly only decided to return to Sri Lanka after being provided numerous assurances that his trial would be stalled, and that some charges against him may even be dropped. The Attorney General has already provided an assurance to the Supreme Court – without being asked by any of the judges – to amend Gotabaya Rajapaksa’s indictment in the D.A. Rajapaksa case. This is despite the fact that the judges of the Permanent High Court held with the Attorney General when Gotabaya’s lawyers led by Romesh De Silva PC insisted that the indictment had been erroneously filed. Months later the AG appears to be admitting that he made a mistake with the indictment.

The Supreme Court order and the decision of the judges to push the case back so far in the year, when the country will be in the throes of a major election in which Rajapaksa is hoping to stand as a candidate sent shockwaves.

While unsurprising because ex officials in the Rajapaksa regime have repeatedly got a wide margin from the country’s highest courts the SC ruling put paid to any kind of accountability for tens of millions stolen from state coffers (and part of it returned after investigators started digging into the transaction) ahead of the presidential poll, in which the first accused in the major corruption trial will likely be a candidate. If Rajapaksa wins the presidency, years of work by the FCID and the AG’s Department will go to waste since the cases are unlikely to move forward against a sitting president.

Rs 33 million is what the Attorney General has accused Gotabaya Rajapaksa of misappropriating from state funds to build a private memorial for his late parents. The money was taken from the Land Reclamation and Development Board. Rajapaksa, who was then Defence Secretary and also Secretary to the UDA under which the LRDB functions also got the Sri Lanka Navy to carry out the construction of the memorial and museum in Medamulana.

Reacting to the shock expressed on social media about the SC ruling Mohammed Ali Sabry one of Gotabaya’s lawyers wrote on his Facebook page: “We don’t know the case, we don’t know the preliminary objections, we haven’t seen the order, but if a Rajapaksa is a party, the order must be wrong – Signed NGO Guild”.

Even though Rajapaksa told a Sinhalese newspaper two weeks ago that he was “coming back to face up to his cases”, the truth of the matter is that he was not planning to return until he was certain the trial would not commence on July 26. Despite the assurances provided by Attorney General Dappula De Livera that the case would be delayed since the indictment would be amended, Rajapaksa’s lawyers also ensured they had further insurance by appealing the CA ruling in the Supreme Court a day before the trial was set to begin.

Colombo Telegraph learns that Rajapaksa’s legal team is elated about the delay effected to the trial, since the matter will only be postponed from October 2019 onwards, after which the fate of the trial will be decided only at the presidential election.

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Latest comments

  • 37
    2

    its disgusting that such a slick operation has been manipulated and accomplished with the connivance of the AG. The SC has given a dodgy decision? Desperate Gota has kept the Special High Courts at bay – again! Just look at the FACTS of this case..

    • 14
      0

      Paradise is well and truly buggered.

      To the boats, Native. Leave!

      Noah didn’t wait for it to rain to start building the ark.

    • 4
      0

      Cat is out of the bag LTTE joins the Rajapaksas SLPP exposing the Rajapaksas Criminal Network…

  • 34
    1

    We Srilankans are good at honoring our parents. Usually with our hard earned money.
    ..
    But now stealing from the poor and building monuments are the way of the patriots.
    ..
    No matter how much you steal, if you give 10 percent of your earnings to a Temple of any kind, you are a hero.
    ..
    Robbing hoods are in plenty and half the population are in league with them without any shame.
    ..
    New smart means dirty. Why work hard when you can work smart?

    • 12
      0

      Hanunayake wants a Hitler………. So we are in the process of creating Hitler. Comedy Thamai!

      Lawyers, consultants, CoA and SC justices, Singapore Hotels, Hospitals, Airlines………. all are paid by Modayas. China get the land and the interest. Modayas get Biriyani and arrack.

      Most important commodity Lanakwe desperately needs is not rice or wheat, but Thirukkai Vaal. To teach Modayas how to vote. From 1948……….. Ah

  • 26
    5

    I have no issue with court cases as they are political-witch hunts.
    If Gotabhaya comes into power, there will be a bloodbath. Any fool can see that.
    Besides, Gotabhaya has already proved that he is a weak person with his constant change of mind for the last 3 years. How many times he said that he would not contest, and again, how much times he said that he would contest and how many times he said that he needs Mahinda’s approval, and how many times he said that he would definitely contest?????
    Moreover, when he was the (powerful) Defence Secretary, he hadn’t done anything to protect women and children from molestation and cruel treatment. In 2012 itself, there had been over 8000 such cases, a number which was not even published in the Police website. This was revealed only after an MP raised the matter the following year in Parliament.
    Today, this number has increased to an alarming state.
    The most affected and unsecured persons under the slave government are women and children. The vulnerable state they are in is shocking.
    However, none of the Presidential aspirants have mentioned any measures that will be taken by them with regard to this horrific matter, if they come into power.
    Dragging people out of Buddhism through various sinister attempts, particularly by the slave government is one of the main reasons for the collapse of our, otherwise serene and refined, society.
    Sri Lanka deserves someone lot better than Gotabhaya Rajapaksa!!!!

    • 12
      4

      “Sri Lanka deserves someone lot better than Gotabhaya Rajapaksa!!!!

      And who will that person be Champa ? Any names ?

      • 1
        1

        Steve

        “And who will that person be Champa ? Any names ?”

        Steve for president.
        Steve for president.
        Steve for president.

      • 1
        0

        Steve
        I also don’t know, Machang. But I hope a few non-politicians will contest. There is no way people will elect anyone from the current lot as they yearn for a new face. We will have to wait. I don’t have names, but I will support any Sinhalese Buddhist who comes up with good policies.

    • 3
      1

      Champa

      Could you recommend history books on Tamils of Sri Lanka.

    • 1
      0

      Some prominent people who have earned people’s respect in the past few years say that they will not support anyone other than Gotabhaya (from Mahinda’s side).
      What is funny is, up to this day, there is no confirmation about his candidacy.
      Seriously, how many times did he say that he would not contest? 5 times? And how many times did he say that he would contest? 5 times again?

  • 5
    31

    In case, GR becomes the first citizen of SL, CT will have an heart attack. So much anger, hatred, unscrupulous towards GR. He was undergoing an heart operation, as of all known, but this report says he was “avoiding” a court case. So much so of “in journalism truth is a process”. Shame on you CT!

    • 9
      0

      max,
      GR jailed hundreds under the PTA of which, he was the enforcer.
      Many have died in jail, and the few survivors are called “political prisoners”.
      There is no evidence against most of them, and the rest have “confessions” after torture.
      These will not prevail in a court of law and therefore trials are postponed indefinitely.
      This is the state of “law” in this Dharmadwipa.

    • 3
      0

      max, You are barking at a caravan, – CT

    • 7
      2

      max

      How are you?

      “In case, GR becomes the first citizen of SL, CT will have an heart attack. “

      The first thing Gota the national hangman will do is he will banned CT in this island.

      Are you sure he is undergoing heart surgery?
      Probably he is campaigning for sympathy votes before the elections.
      By the way have you decided to switch your employer and loyalty from the saffron clad thug to national hangman.

    • 3
      1

      mad max – … and you keep sniffing Gotler’s and Medamulana Meeharaka’s loincloth!

  • 11
    0

    Whatever the court says, Rajapakses know, their lawyers know, all people (except the slaves) know and ultimately Yama Rajjuruwo too knows what he should do do.

  • 25
    1

    This is a disgrace and a very sad state of affairs. There is one rule for the Politicians, one rule for the ordinary citizens of this country.

  • 27
    0

    This is the status of law and order in the country. Is our Judiciary corrupt? If so should we have foreign judges on our bench? Why is it a person who steals a coconut is taken into custody and locked up until the case comes up in the court, but a guy with much higher violations is given postponement after postponement. No doubt foreign governments do not trust the law and order in the country. If this continues how can foreign companies invest in the country?

    • 5
      0

      Buddhist,
      Why is it a person who steals a coconut is taken into custody and locked up until the case comes up in the court, but why a guy who robbed the Central Bank in broad day light is scot-free and holding a top position in the Government? All the small guys have been charged leaving aside the ‘Royal Gang’.

      I wonder what happened to the President’s Commission Report he promised to make public.

  • 19
    1

    This “BLACK COAT MAFIA” could play all the TRICKS of the game in subverting and twisting JUSTICE as they please and to please their clients. My neighbour, Jemis Maama got furious on hearing this “Judgement” and said: ” Never mind, we will show all who call themselves “Wedagath Mahathwaru” (Honourable Gentlemen) who the REAL JUDGES are.” All this while this “Black Coat Mafia” played all their pranks with the “GALLERY” (ordinary people), but they little realize that the times have changed and that CHANGE will be the nose that will wrap around their necks . He, Jemis Maama continued and said: “Why can’t this Peoples Prosecutor(AG) or any one Judge ask, Did you take this money from UDA? If the answer is “NO”, then ask: What was the reason for you to PAY BACK an installment out of that money, when the inquiries commenced? With this conversation, I knew that these village folks are BETTER lawyers and Judges than this “Black Coat Mafia”. Mr. Gotabahaya Rajapaksa and his team of “Legal Luminaries” and “Judges”, please note the expression of the newly awakened voter population- “Never Mind, we will show who the REAL JUDGES are. Have a “Second Thought” of relinquishing your US Citizenship. As things are, IT IS PAY BACK TIME. No “Viyath Maga”, “Eliya” and “Black Coat Mafia” or even “Judges” would be able to SAVE you from the paying off that “KARMA” that which is chasing behind . Be ready to pay it off.

  • 24
    2

    Aluvihara was appointed as a judge by Gota after he persecuted Sarath Fonseka.

    Gota was chief witness in that case against Fonseka who went to jail.Aluvihara was appointed over several more senior officers at the Attorney Generals department and at least 30 sitting career judges

    This is what we call the supreme court ! They are good at doing justice !

  • 18
    2

    Former US Attorney in Manhattan Mr. Preet Baharara wrote there are laws in Srilanka, but they can be tested by those with money or power. Having both is indeed very, very potent in our paradise. It is all a circus. An appropriate term in place of courts.

  • 22
    2

    Posterity will remember D.A. Rajapakse memorial as the tomb of democracy and the inauguration of a theocratic state in Sri Lanka. It is a sad reality that a country overrun by various racist herds will eventually succumb to the rise of a moral coward and a butcher of innocents as The Great Dictator.

  • 10
    0

    As I have mentioned earlier, in this country “THE LAW IS A RESPECTER OF PERSONS.”

  • 11
    0

    Daily reports from various levels of Sri Lanka’s judiciary suggest that they too are becoming active participants in the country’s rotten politics. A look at apparently random selection of cases for prosecution, granting and conditions of bail of the prosecuted, and final rulings tend to send shivers through the spine.
    /
    The USAID ‘training’ of our judges, lawyers and the courts system and software, and the intervention of corrupt politicians seem to be causing a rot of the judicial system.
    /
    Removing the independence and purity of the legal system in a country where that used to be the only hope the poor and ordinary people had shows the country is now beyond salvation.

  • 6
    0

    Before the election in 2015, the two legged donkey spin doctor told that Rajapakses took US$18billion out of Sri Lanka and he knows where they are keeping that money. Nearly four and half years have passed. Can he tell the people where this money is kept and what measures this Government has taken to bring that money.
    This dumbo who is controlling finance of this country has no idea how much is US$18 Billion when he made that statement. God save Sri Lanka when this kind of dumb guys managing the economy.

  • 7
    0

    If I am not mistaken, a doctor accused of forced sterilisation of women is still held in custody until an investigation to his wealth, whether ill-gotten or not, is completed & this is, apparently, on the directive of a magistrate after the original case was dropped by the CID. A fiction writer was remanded for blaspheme, apparently a non bailable offence, for writing a story about the abuse of a novice monk but a mega criminal alleged for misappropriating a relative minor Rs 33 m to massive frauds amounting to Billions on the purchase of junk, is able to, not only, walk free but even come forward as a Presidential candidate even after pledging his allegiance to a foreign country. Setting aside the conflict of interest by pledging allegiance to 2 countries, any person of honour would clear him self of any charges before coming forward as a candidate for public office. In fact, no person would be employed, even as a lowly clerk, if there were charges pending in a civil or criminal court.

    Indeed, SL is a country like no other & as for the people who are blind or even tolerate such hypocrisy & injustice, I have no words.

  • 1
    0

    Manipulations all over. My reading is that although they are warring parties in the court house, now they are the same. It is my conjecture that this is done to the liking of the highest in the land. If so, what would HE get in return? Until 11th of August nobody has released the candidates fielded by the respective parties. Even the flower bud fellows are mum silent because the whole election can be full of surprises.

  • 4
    1

    war criminal to become presidante. sharks will have food. i hope he puts the monkeys gnansaraya to the sharks. with rathne as a dessert.

  • 2
    0

    There is no decent law exist in Sri Lanka. The written law could be turned and twisted by politicians to suit their interests. First of all the people should send men and women to represent them in parliament, men and women who are highly educated and decent and patriotic people and not people of low calibre and who are in drugs trade.. The party politics is no good for Sri Lanka. Study the insides of Rajapaksa clan , Bandaranayke clan and the Senanayaka clan

  • 2
    0

    There is a clear message from the decision of the supreme court to the people of this country which is that people have no power to stop dictatorship. Even Mahinda Rajapkse has no power to stop Gotapaya taking over from Mahinda. This is the decision from Mahanayake’s and Americans.

  • 1
    1

    Old Royal Prince is back at home. Udaya Gammanpila had assured that US has released him from its citizenship. So if he is not standing for election, this could be a mountainous loss. After meeting him at Singapore, Ranil has changed his mind and planning to jump back into the election wagon for EP. Elder Brother Prince has said if Old King Seriously ask him, he will stand for election, Otherwise (If he just simply ask), no. Old king had said he never said that Old Brother Prince will be the candidate. UNP has said its new alliance’s leader will be the presidential candidate of UNP. In that style, the media is saying that Old Royals too asking UPFA leader Dinesh to be ready for to be their Candidate.
    American Ambassador has met Old King. The general opinion of Media about that is to throw water to his fireworks on SOFA. American Ambassador met him right after Coup too. It was about Old King giving up PM position back to Ranil so US would support Old Brother Prince to stand in the election. But the Media said the meeting one before that was consulting to Old King not to allow Old Brother Prince standing in election for EP. It’s all interesting. But Old King is blamed for having screwed up Old Brother Prince in US cases. Old Brother Prince could be still in SLFP and may not have yet been allowed in the Old Royal’s family party of Slap Party. So if he wins the election, Chandrika will never get back her SLFP. Old Brother Prince will be its president.

  • 1
    1

    LKR 33 millions is peanuts. Why did GR fall for this?
    The Asgiriya recommended self-styled Vegan Nighty Military Mind soaking in socalled hi-tech weapons has been outfoxed outgunned, outwitted, by Gnanasara Thera who used only Bodu Bala Sena on steroid..

  • 8
    2

    If Gota knows he didn’t do any wrong, then why not face the court and get it over with, instead of thickening out like a little bitch.
    Gota is a coward. He runs from everything. We all remember how he ran to America and pumped fuel for 15 years.
    A leader doesn’t run. A leader stands his ground.
    Another thing if Gota had the balls he should have renounced his US citizenship and come out openly since instead of sitting on the fence. The mark of a true coward.
    Lastly during the LTTE war gota kept SF despite his hatred for SF. Gota knew he couldn’t win the war between him and Mara.
    So there you have it. Gota is a little bitch.

    • 0
      0

      Gemini Cricket
      “….if Gota had the balls he should have renounced his US citizenship and come out openly since instead of sitting on the fence’”
      I absolutely agree. He wants to have his cake and eat it.
      Either he should commit himself wholeheartedly to the country he aspires to govern, or he should admit that he is now first and foremost a US citizen and that’s where his primary loyalties lie.
      When I came to SL for the 2nd time (1975), it was with a rather idealistic (naïve?) intention to be fully committed to this country, throw in my lot with it, for good or ill. I had to find employment (maintenance) quickly but I was a British citizen from birth.
      The first job I was offered as a local employee in an international organization required me to be a Ceylon (at that time) citizen. Dual Citizenship wasn’t allowed here at that time, so I was forced to renounce my British citizenship and apply for Sri Lankan. I wasn’t overjoyed to do that, having traveled all over the world on that passport, but it was Ceylon or Britain, “you cant be true to two”, as the song goes. I even had to pay a fee at the High Commission when I surrendered my passport.
      Once dual nationality was introduced here, I wondered about applying for it but it was rather expensive.
      So, to this day, I remain, not “Sinhala only”, but “SL only.”

  • 6
    0

    Max, oh yes max, he ran away to avoid and manipulate the case at the Special High Court. Man what do you eat – shit. This bugger robbed the poor people’s money to built tomb for parents. Think for a moment, if this was done by a normal man, by now, he would be incarcerated for years. What fucking shit system we have in this God forsaken country to let go and lenient to these high criminals who looted the poor people’s money, done murders, and dastardly despicable acts to cover them up. Also we have shit eating greedy pigs shameless lawyers who buy protection for them. All of them should rot in the smouldering red ambers of the high and intense hell. Yes, there wouldn’t be any escape for all of them, and the one above is closely taking note of everything. The day would soon come for all of them to pay dearly for the sins.

  • 1
    2

    How pathetic.. Gota spent only LKR 33 Million of our Taxpayers Money, If that is true.
    Even then Gota I don’t think had any left overs even for a Sangria at Shangri La….

    In contrast Poodle Club Baby, Sene, Dr Ranil’s Yahapalana Rep in Colombo Central, collected LKR 34 Million f rom the Tax Pool and banked the Lot… .

    This Mohammed Ali Sabry can’t be a member of any of those Muslim Parties who are now protecting and propping up Dr Ranil.
    Otherwise Mahammed wouldn’t say such things about the NGO GUILD.

    Who is this Rumesh de Silva PC?
    Wonder why Thalitha didn’t hire Abraham Sumanthiran PC, if they are so desperate put Gota on Trial before the Election..

    Wonder how long more Lanka has to stay in Petta , before she can get promoted toYahapalana High Court..

    • 2
      1

      KASmaalam K.A. Sumanasekera

      Why hasn’t Mahinda announce the name of Presidential candidate of SLPP?
      The recent talk of the town is that Basil wants GL Pieris to contest the elections. Basil wants a weakest link to be the next president so that he could pull the strings.

      What’s going on?

      Being Mahinda’s official b***s carrier you should know the goings and comings.

      You blamed GNanasara for the lost 2015 presidential elections. Whom are you going to blame this time?

      • 0
        1

        Dear Native,

        I am a Punter, mate.
        Your new buddy, Assath Sally said the Minor Ethnics now have 30% of the Vote ,
        That must be 15% Muslims and 15 % Thamilians according to the current Census after 4 years of Yahapalanaya,
        I don’t think Sally counted the Catholic Vote in the Bible Belt.

        SLMC Boss Hakeem told us yesterday that It is insane if one thinks that they can win any Election , Prez or otherwise if they don’t have the Muslims on side…
        So how can I back any in the Opposition SLPP , including Medumulana Mama if he can get another shot at it..

        My new fav is your Dr Ranil’s Deputy from Keselwatta.

        After Sira volunteered to wear that hat which our Brother Cardinal threw at Dr Ranil and Intelligence Ostars , Sira is as dead as a Dodo.

        In contrast, Keselwatta Kid has gone from strength to strength , although Dr Ranil ,s new Buddy and Mentor tried to rubbish the Kid with low blows about his Education.
        In fact that increased the Kid’s Popularity even more among the Dalits..

        With the Kid now trying to do a deal with Sira’s Party through its Gen Sec and ex UNP shining star Wijesekera , Keslwatta Kid might pull it off even if Dr Rail and Galleon expels him from the UNP.

        In fact if the Kid gets the chop from Srikotha, he will shit it in ,even against Nandasena.

        Digital Harin has already made a VOW that he will resign if Keselwatta Kid is not selected .
        I am sure all the other Catholics around Dr Ranil who must be feeling shit after saving their lives through Dr Ranil’s hidden Intelligence Reports, will back the Kid just to get some relief in their conscience..

        But your Thamil mates will join the Muslims to please and protect Dr Ranil..

  • 3
    8

    Gota will be the next President. UNP is out after Easter Sunday. NGO’s, human rights champions, and Eelam advocates may be sorely disappointed, but that is how things work.

    • 6
      1

      Lester

      “Gota will be the next President. “

      Have you replaced Sumanadasa Abeygunawardena as Mahinda’s court clown?
      Are you confident Mahinda could single handedly buy enough votes, rig election results, stuff enough ballot papers, …………….. in good time?

      The only difference is that VP was alive in 2005 to help rig elections in Vanni. I am not sure if there is anyone who is willing to help the clan this time around.

      • 0
        1

        Native Veddah,

        You are still mourning for your hero at Nanthikaddal? My sources tell me the new “Transnational” Prime Minister Rudrakumaran is spending Diaspora money well in Manhattan. Are you confident he can organize the White Lawyers if Gothabaya wins? Along with waving Tiger flags, handing out the imaginary Eelam MAP, and using body odor to block the entrance to the UK Parliament? Anyway, there is no need for rigging this time. People are scared and will vote for security again like 2005. Gothabaya will offer free white van rides to the jihadis.

        • 0
          0

          Lester,
          Don’t be too harsh on Native,although it made me giggle..
          Using Body Order is the best bit mate.. Keep it up..

  • 3
    0

    In SL it has become acceptable for people in power to abuse state resources. People in defense establishment are notorious for this. Just look at the number of military vehicles (most are luxury) parked at the houses of the senior/junior officers and the manpower used even as domestic helps. Who has to pay for all these expenses? The higherups become de-sensitized once they start to enjoy these comforts all under the name of “Ranaviru” sevaya. Gota having served in the army would have spend this money thinking that he is entitled to it after defeating LTTE and ignoring FR, AR and with auditors hiding.

  • 1
    0

    How many billions Because of the bond scam by Ranil, and the royal college gang was rewarded.

  • 2
    1

    Any news about Parliamentarians who received cheques from Argun Alozius?

    Only sprats have been charged for ‘Bond Scam’. All the Royal ‘Thoru’ Moru’ have been spared.

  • 0
    1

    “We don’t know the case, we don’t know the preliminary objections, we haven’t seen the order, but if a Rajapaksa is a party, the order must be wrong – Signed NGO Guild”. Plus CT.

    Very true. When a ruling goes against Rajapakses then the judiciary is hailed as independent and courageous. When it doesn’t occur, judiciary becomes corrupt. This is the new definition of “judicial independence”.

  • 1
    0

    The re-entry of White Van with a built-in mobile Incinerator haunts me in my dreams. I feel a chill running up and down my spinal cord..

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