An interesting news item this week centred around Prime Minister Mia Mottley who continues to loom large on the local, regional and dare twe suggest the international stage? Mottley has attracted the ire of some in the legal community for suggestions made at the recent Regional Symposium: Violence As a Public Health Issue organized by CARICOM. 

We need to start rotating judges and magistrates in the region to ensure that there is not the familiarity with counsel and other circumstances and things that people take for granted.

Mia Mottley

Who better than Mottley to understand some of the challenges our legal system continues to pose. She has been immersed in the moribund system for all of her life and if caught in an informal conversation after a stiff drink and a ‘smoke’ may admit she has been a contributor to the flawed system over the years.

Some will hear Mottley and be distracted by the red, others will pars the statement for what it is, a truism. We cannot continue to do the same thing and expect significant or transformative change. An efficient INDEPENDENT court system is essential to signal to citizens and civil society that upholding the rule of law is non negotiable. For too long John and Jane Citizen have retreated to being apathetic and cynical about how justice is dispensed in our region. Sadly the maxim that we are a country of laws has become nothing more than a cliché. 

The blogmaster like many have become turned off by these lawyers who seize every opportunity to defend the status quo by shielding themselves under the cloak of legalese and ambiguous laws crafted by them- all the while basking in growing personal reputations of being defenders of law and order. The irony is that our once pristine societies are crumbling as these silly games are being engaged.

A gullible citizenry continues to be manipulated by our so called political and educated class. We cannot critique a public service that is inefficient, the unions will defend to protect its profit and loss. The same unions are unable to attract 10% of its membership to annual elections to vote for members to serve on the executive council. We cannot attack the banks for charging high fees because protection comes in the form back room agreements to invest in gilt edged securities. We cannot attack the teachers when it is known the system has morphed to one where the standard of a school is as good as its last principal – then again the same can be opined about the BLP and DLP, the two political parties have become as good as its political leader.

Woe betide the few who dare to speak even from the underground.

80 responses to “Lawyers continue to undermine our freedoms”

  1. Yolande Grant - African Online Publishing Copyright (c) 2023. All Rights Reserved. Avatar
    Yolande Grant – African Online Publishing Copyright (c) 2023. All Rights Reserved.

    I sincerely hope they have spoken to their EMPLOYER/Empire on how to end this…if they haven’t, they BETTER..


  2. Sir Elliot Mottley served as a Court of Appeal Judge in the Turks & Caicos and later President of the Court of Appeal. He also sat as a Justice of Appeal in the Cayman Islands and he served as Attorney General in Bermuda.


  3. Attorney Pile practising again

    Pile was jailed for three years minus the 94 days she had spent on remand. ( HLE) Here, Attorney Vonda Pile (right) leaving court with her client David Dupre yesterday.

    A familiar face was back at the Bar table yesterday – attorney Vonda Pile who was released from prison in January this year after serving time for theft of a client’s money.

    She was in the District “A” Traffic Court representing accused David Eric Dupre of Laynes Road, Brittons Hill, St Michael. Dupre is charged with causing serious bodily harm to Keith Barrow with intent on December 11, 2015.

    After representing Dupre, Pile later declined to speak to the Weekend Nation, saying she had clients waiting and that she was never known to speak to the media.

    Inside the courtroom the attorney had been her usual fiery self.

    “I heard the officer (Prosecutor Sergeant Verdon Forde) saying at this late stage some eight years down the line he wants to serve disclosure. My ears still working very sharp. The time is coming when I will be making a certain application before you,” Pile told the court.

    Acting Magistrate Alison

    Burke stood down the matter and when it was recalled Sergeant Forde revealed disclosure had been served, but Dupre said he had not received it.

    Magistrate Burke then adjourned the matter until May 11 for disclosure to be served.

    In 2019, Pile, of Madison Terrace, Deacons Farm, St Michael, and a 30-year veteran of the legal fraternity, was convicted, by majority verdict, for stealing US$96 008, between April 29, 2009, and October 26, 2010, from Bajan/New Yorker businessman Anstey King.

    (HLE)

    Source: Nation


  4. @David
    Yours@7.28 am May 5

    Barbados!! Just beyond your imagination!!


  5. @Sargeant

    You are too cynical.

    Were you that commenter to David Ellis that incisively opined many of our problems have not been addressed or gotten worse straddling both DLP and BLP administrations in the last 30 years or so? We have a few structural problems to solve.


  6. For the record
    Four complainants in a case where a Bajan lawyer stole $624K have all died. Rightly, the case was dismissed.

    TheO’s suggestion: If you are elderly, please pay your undertaker before filing a case against a lawyer. Your lawyer will be counting on the angel of death visiting you, so please ensure that you at least prepared (paid) for a decent burial. A word to the wise


  7. Three words you won’t see in a Bajan dictionary.
    1) Disbar
    2) Disbarred
    3) Disbarment


  8. Another word missing is:

    Restitution


  9. @ Sargeant,

    client account / piggy bank for and on the behalf of


  10. Bar: Be careful who you hire
    By Maria Bradshaw
    mariabradshaw@nationnews.com

    The Barbados Bar Association (BBA) says it is “puzzled” about people engaging the services of attorneys who have been convicted of stealing their clients’ money.
    President Kaye Williams told the Sunday Sun that any attorney who has a criminal conviction for stealing from a client is deemed to have committed professional misconduct.
    “The Barbados Bar Association wishes to make it clear to the public that criminal convictions in respect of the theft of client funds are deemed professional misconduct pursuant to the Legal Profession Act. The BBA does not in any way condone, sanction or protect attorneys at law convicted of such offences or found guilty of professional misconduct. What is puzzling to the profession is whether the public is aware and if so, why clients continue to engage persons who have been convicted of offences relating to clients’ funds,” she stated.
    She made it clear the association was dissatisfied with the time it was taking to sanction attorneys who run afoul of the law.
    “The BBA is dissatisfied, indeed very unhappy, with the complex, lengthy process involved under the current Legal Profession Act for sanctioning attorneys for professional misconduct and is calling on the Government to act on the recommendations which the association made as long ago as 2017 in response to a proposal to modernise the Act. The BBA is aware that the Law Reform Commission is making progress on this and a bill will soon be produced for comments.
    This current lengthy process has caused a lot of disquiet within the legal profession,” she added.
    The senior attorney said the BBA could not discipline these lawyers.
    “The power to sanction attorneys found guilty of professional misconduct under the Legal Profession Act lies with the Disciplinary Committee and the Court of Appeal, not with the BBA, but the BBA is actively doing its part.”
    In relation to convicted attorneys Vonda Pile, who was released from prison in February, and Cheraine Parris, who is still serving a fouryear jail sentence for stealing thousands of dollars from a client, Williams disclosed that “once they were convicted, the BBA wrote to the then
    Registrar, asking for the record and conviction order so they could file a complaint with the Disciplinary Committee”.
    She added: “It took what the BBA considers to be an inordinate length of time for that official record to be issued to the BBA. As soon as that was received and once all appeals were exhausted in Ms Pile’s case (Ms Parris opted not to appeal), the BBA last year, even before Ms Pile was released, applied to the Disciplinary Committee for leave to lodge complaints with a view to sanctioning Ms Vonda Pile and Ms Cheraine Parris.”
    Can lodge complaint
    However, she interjected that aggrieved clients, the trial judge and the Registrar could also lodge a complaint as of right, but stressed: “The association cannot lodge a complaint as of right but must apply for leave to do so. Since then, the BBA’s legal team of Barry Gale KC, Andrew Thornhill KC and Laura Harvey Read have been attending hearings before the Disciplinary Committee.”
    In giving an update to the disbarment proceedings, the president confirmed that the legal team has hearings set before the Disciplinary Committee on May 16 for Parris and May 25 for Pile.
    She pointed out that the BBA has applied to have its complaint heard and to have sanctions applied, but added: “We cannot comment on the nature of the application or make any further statement as it is before the Disciplinary Committee and ultimately the Court of Appeal.
    “Once the Disciplinary Committee concludes its hearings and investigations, the Committee has to produce a report to the Court of Appeal within 21 days, recommending what disciplinary measures should be taken. The Court of Appeal fixes a date for a hearing and then applies the sanction they deem fit.”
    In terms of the much-talkedabout automatic disbarment for convicted attorneys, Williams said: “The BBA has submitted detailed recommendations for reform of the Legal Profession Act, which includes automatic or very swift sanctions to be applied by the Court of Appeal to attorneys on conviction. These detailed recommendations were made five years ago. They have been re-sent to the Office of the Attorney General and also to the Law Reform Commission.
    The BBA has been informed
    by the chairman of the Law Reform Commission, Sir David Simmons, that it is actively working on a new Legal Profession Bill for circulation and consultation with the Attorney General and the BBA.”
    When asked about the public concern that an attorney could walk out of prison and walk into a courtroom to practise law, she said: “Based on the communication we have received, the public is incensed, as are members of the legal profession and, rightfully so. The process to sanction an attorney is not done summarily, and must abide by all rules of natural justice. On the other hand, when it becomes a lengthy process, the result creates a perception that the commission of a crime occurred without penalty.”
    In terms of the status of recently convicted attorneys Ernest Jackman and N. Leroy Lynch who are presently serving time for also stealing money belonging to their clients, the BBA stated: “Since last year the BBA requested the conviction orders for Mr Ernest Jackman and Mr N.
    Leroy Lynch, and continues to await those documents which are needed to support the applications for leave to apply. The BBA has already prepared the necessary documents to file complaints to the Disciplinary Committee against Mr Jackman and Mr Lynch. The status of the process for Mr Jackman and Mr Lynch underscores what the association is saying about the need for reform and the inordinate length of time for this process.”

    The Barbados Bar Association (BBA) has confirmed that it has no record of payment of Bar fees for attorney Vonda Pile, who was recently released from Dodds Prison after serving a three-year sentence for stealing $191 416.39 from a former client.
    In 2018, attorney Tariq Khan applied for Pile to be denied the right to represent her client in a civil matter, arguing that she did not pay her subscription fee to the BBA and therefore did not possess a valid practising certificate.
    The matter was heard before Justice Pamela Beckles who ruled that an attorney’s mandatory membership of the association was unconstitutional.
    Pile at the time had also argued that the annual subscription was an imposition on her guaranteed right to freedom of association under Section 21 of the Constitution, making void Sections 44 and 45 of the Legal Profession Act,
    which requires an attorney to pay the annual subscription fee and become a member in order to receive a practising certificate.
    However, in 2019, the Court of Appeal struck down that ruling and held that lawyers must be members of the association in order to practise here, under current law.
    It noted that “Section 3(1) of [the Legal Profession Act]
    Cap. 370A mandates the Registrar of the Supreme Court to keep a register of attorneys at law, to be known as ‘the Roll’, on which shall be registered the name of every person entitled to practise law in Barbados.
    Cannot practise
    “And according to Section 10, while every person whose name is entered on the roll shall be known as an attorney at law, he/she cannot practise unless the person holds
    a valid practising certificate and pays the annual registration fee.”
    Last Friday, Pile, who also has another criminal charge for stealing from another client pending against her, turned up at the District “A” Traffic Court to represent a client.
    When asked if Pile had paid her fees, BBA president Kaye Williams stated: “Section 44 of the Legal Profession Act provides that a practising certificate issued by the Registry to an attorney at law is not valid until the annual subscriptions payable to the Bar Association are paid. In other words, an attorney can pay the Registry for their practising certificate, but until they pay Bar fees, the certificate is not valid. At the time of responding, the BBA has no record of payment of subscriptions by Ms Pile for the current year.”
    (MB)


    Source: Nation


  11. @ David and Sargeant,

    How does jailing and disbarring lawyers help the clients recover the money that was stolen?

    You realise that witholding a client’s money could be a death sentence for a seriously ill person ? #air ambulance from Barbados


  12. @Hants

    It does not under the current arrangement. Are clients funds guaranteed if a lawyer is fingered for fraud over there?


  13. @ David,

    It does not matter to me what obtains in Canada.

    I live on old age pension and have no assets in Canada.


  14. Are clients funds guaranteed if a lawyer is fingered for fraud over there?
    ~~~~~~~~~~~~~~
    Even if clients funds are not guaranteed,
    …shiite Man!!!
    Can we at least be assured that these CLIENT’s FUNDs are audited annually – like EVERYONE ELSE on Earth ..except brass bowl Bajan thieving lawyers?

    What level of depravity exists, where a potential client trying to sell a house, is FORCED to hand hundreds of thousands of dollars over to some shiite lawyer – and CANNOT be assured that at LEAST an annual audit has been done on the clients’ money held by that lawyer….?

    No wonder we have no local banks…. each damn lawyer is an unregistered, unregulated bank… with a license to thief and launder….

    …then to have this lawyer woman expect that some desperate brass bowl should be able to keep track of which lawyer has been convicted by the courts, which cases were dismissed after all witnesses died… and the others not yet caught, who have never yet been audited…

    Steupsss
    …you notice that the presidents all seem to be female and cute???
    PR!!

    What is the FSC there for again…?
    Steupsss


  15. @Hants

    It was a general inquiry to be used as a point of comparison. That is all.


  16. @Bush Tea

    You have been crying in the wilderness not unlike John the Baptist.


  17. Law review
    AG tells of plans for justice reform committee
    AN ENDURING JUSTICE REFORM COMMITTEE looking at getting rid of old laws and amending some others is going to be set up.
    Attorney General Dale Marshall revealed that the committee, which will be chaired “more than likely jointly by the Chief Justice and myself”, with one of its principal responsibilities being following up on “the initiatives that we decide to embark on today, receiving feedback as we go forward”.
    He was speaking to the media at Hilton Barbados yesterday evening where Part 2 of a Symposium On The Criminal Justice System was taking place. He added that he was unable to provide specifics of any major outcomes at the time because deliberations were ongoing.
    “In addition to the committee being set up to oversee the entire process of criminal justice reform, we expect to come away with some decisions on important legislative items that we want to enact. The kind of things that are currently being considered by the committee would be such things as judge-alone trials, amendments to the Evidence Act, amendments to the Juries Act.
    “To be very candid, a lot of our laws, and they’re not all old laws, some of them date back 20, 25 years, some of them a lot older, but a lot of them have simply not kept pace with the developments of the law or the developments
    of technology. So, something that might have been relevant only ten years ago is really not so much relevant now.”
    He reiterated that the system was hamstrung by a major backlog in cases to be tried.
    “We have a very cloggedup system that is typified by backlog. By now we have about 100 homicide trials that are waiting to be heard in the system, so they just have to go before judges. We have just shy of 300 relating to firearms, so we simply must get rid of the backlog. No matter how many judges we throw at the system, unless we change the underlying structures in terms of the legal framework, in terms of the procedural framework, in terms of our staffing or use of technology, we will simply not be able to achieve the kind of results that we want in terms of getting rid of the backlog,” Marshall said.
    In attendance
    The symposium, hosted by the Office of the Attorney General, was attended by members of the judiciary, magistracy, the police high command, prison officers, lawyers and other key stakeholders. It was aimed at coming up with solutions that would be “very impactful on the reform of our system”.
    Stating the committee will be one “for the foreseeable future” as there will always be a need for criminal justice reform, Marshall said there might be a shift in its focus to efficiency or “from the courts to the police at another time”.
    “I don’t see an end to the life of this committee. I think that how the criminal justice system works is always something that always has to be under review. So certainly, for as long as I’m in this office, I expect to see that committee working. I can’t speak for who comes after me,” he said.
    Marshall added any punishment that has to be imposed must be “done quickly, and a system that is slow, a system that is not responsive, will see exactly what is plaguing us now, happening”.
    “What we have been seeing are a number of instances where individuals who are on bail get charged with similar offences, with multiple offences, often with more serious offences, and the only way we can address that is to try to make sure that trials go through quickly.
    “And really that’s one of the principal reasons why we’re here, not just for the sake of reform only, but because that reform, however it looks, is intended to keep Barbadians safe.”
    He said no workable solution was off the table, so areas such as the current paper committal for jury trials, introducing a ticketing system for road traffic offences, expansion of the powers of magistrates, plea bargaining and using alternative dispute resolution in criminal matters were being considered. (GBM)

    Source: Nation

  18. Watching them bend reality Avatar
    Watching them bend reality

    I saw where a senior lawyer not only had kind and complimentary words for Mr. Nicholls but also cast him in the role of a victim.

    Yes, victim!

    A next lawyer may consider you (his thieving colleague) as a victim after you have made off with over $600k of your client’s fund.

    One would have thought that they would have taken the ‘perverted victory’ and remain silent, but No! They now set about to bring this lawyer back in the fold as a honored member.

    There is no justice when a thieving friend or colleague cannot be called a thief. This demonstrates our legal folks lack character, ack of honesty and are clan of bold face liars who would attempt to twist reality.


  19. It is almost as if we are acting out the script of Animal Farm
    “The creatures outside looked from pig to man, and from man to pig, and from pig to man again; but already it was impossible to say which was which.”

    But in our case it is worse… a place where complainants (dead victims) can be presented in a negative light and the ‘criminals’ become the victims. Soon we will not know who are the victims.


  20. @ TheOGazerts,

    dead men tell no tales.


  21. @ David
    Is Bushie operating at 50% brain function – as 555 suggests…?
    ..or is there a LOT more to this latest thieving lawyer story about Nicholls?

    Did we not hear about serious INTERNAL attempts in a certain law firm to pin all kinds of allegations, threats and even punishment against this ‘victim’ – coming out of whistleblowing-type revelations from Nicholls?

    Passing strange is it not… that the system can bring a case like this – only to ‘discover’ that every damn body dead…!!
    Would you have thought that BEFORE going to trial, they would have checked on the availability (and existence) of victims and witnesses?

    Bushie MAY be paranoid (and is DEFINITELY a conspiracy advocate) so the bushman’s inclination is that this looks like a ploy to paint this man as an evil crooked person – EVEN WHERE THIS CANNOT BE ESTABLISHED IN COURT.
    It is as if, having failed to lock his donkey up, (or worse) for spilling the internal beans, they have now settled for destroying his reputation so that his story can be dismissed…

    This shiite is more binding than marriage…
    Wunna may choose to fall for that shiite play,
    …but not stinking Bushie…

    Too many thieving lawyers have been far TOO keen to persecute this particular lawyer, to convince Bushie that he is just another a ‘thieving team player’….


  22. @Bush Tea

    Yes, the blogs are there in the Archive.


  23. Admission: I am beginning to feel like a Barbados lawyer. The only thing I need to confirm my qualifications is for someone to give me a large sum of money and see if i can make it disappear…

    Somebody? Anybody? A large sum is needed.

    Hants: This is how I know Hants is not a true friend. Please ask me for the account number for the deposit.


  24. DISBARMENT CHALLENGE
    POWER TO SANCTION LAWYERS WITH DISCIPLINARY COMMITTEE, COURT OF APPEAL
    By Emmanuel Joseph
    The Barbados Bar Association (BBA) wants a complete revamp of the Legal Profession Act that would require the automatic or “very swift” suspension or disbarment of convicted attorneysat-law.
    The recommendation is contained in a statement issued by the Bar on Tuesday on the heels of last week’s return to practice by convicted lawyer Vonda Pile after she had served a three-year prison sentence for stealing a client’s funds.
    The association, which has taken steps to have Pile sanctioned, is also pushing for similar action against three other convicted attorneys – Ernest Jackman, Norman Leroy Lynch and Cheraine Parris who are serving seven, five and four years in jail respectively for theft of clients’ money and money laundering.
    “The BBA is calling for a complete revamp of the Legal Profession Act which would see convicted attorneys facing either automatic, or very swift sanction by the Disciplinary Committee and the Court of Appeal, whether that sanction is suspension or disbarment, is up to them. We have made detailed recommendations to Government.
    “The Chairman of the Law Reform Commission has assured us they are working on it,” the BBA stated.
    The Bar acknowleged that criminal convictions related to the theft of clients’ funds are deemed professional misconduct, pursuant to the Legal Profession Act. It said that the organisation does not condone, sanction or protect attorneys-at-law convicted of such offences or who are found guilty of professional misconduct. However, the BBA contended that it cannot be held responsible for clients who continue to engage lawyers convicted of offences relating to clients’ funds.
    “The BBA is dissatisfied with the complex process involved under the current Legal Profession Act for sanctioning attorneys for professional misconduct. In 2017, the association called on government to act on recommendations made to modernize the Act. The BBA is aware that the Law Reform Commission is making progress on this, and a Bill will soon be produced for comments,” the association added.
    The association complained that the current lengthy process has caused a lot of “disquiet” within the legal profession. It explained that the power to sanction attorneys found guilty of professional misconduct under the Legal Profession Act lies with the Disciplinary Committee of the Bar and the Court of Appeal, not with the BBA. The Bar, however, gave the assurance that it is actively doing its part.
    “Following the conviction of Ms. Vonda Pile and Ms. Cheraine Parris, the BBA wrote to the then Registrar, asking for the record and conviction Order to file a complaint with the Disciplinary Committee. It took an inordinate length of time for that official record to be issued,” the BBA recalled. “As soon as it was received and once all appeals were exhausted in Ms. Pile’s case (Ms. Parris opted not to appeal), the BBA last year – before Ms. Pile was released – applied to the Disciplinary Committee for leave to lodge complaints with a view to sanctioning Ms. Vonda Pile and Ms Cheraine Parris,” the statement continued.
    “It should be noted that, aggrieved clients, the trial Judge and the Registrar, can lodge a complaint as of right…The association cannot lodge a complaint as of right but must apply for leave to do so,” the representative body stated. It pointed out that since then, the BBA’s legal team of Barry Gale K.C., Andrew Thornhill K.C. and Laura Harvey Read has been attending hearings before the Disciplinary Committee.
    “The BBA can confirm that its legal team has hearings set before the Disciplinary Committee on May 25th for Ms. Pile and May 16th for Ms. Parris. The BBA has applied to have its complaint heard and to have sanctions applied,” the statement outlined.
    “Apart from that we cannot comment on the nature of the application or make any further statement as it is before the Disciplinary Committee and ultimately the Court of Appeal,” the association said.
    The Bar gave the assurance that once the Disciplinary Committee concludes its hearings and investigations, the Committee has to produce a report to the Court of Appeal within 21 days, recommending what disciplinary measures should be taken. The Court of Appeal would then fix a date for a hearing, and apply the sanction it deems fit.
    “The BBA has submitted detailed recommendations for reform of the Legal Profession Act, which includes automatic or very swift sanctions to be applied by the Court of Appeal to Attorneys on conviction.
    These detailed recommendations were made five years ago.
    “They have been re-sent to the Office of the Attorney General and also to the Law Reform Commission. The BBA has been informed by the Chairman of the Law Reform Commission, Sir David Simmons, that it is actively working on a new Legal Profession Bill for circulation and consultation with the Attorney-General and the BBA,” the body announced.
    Addressing the public perception that lawyers can commit crimes and walk back into a court of law, the association questioned whether there should be a suspension period until the disbarment proceedings are concluded.
    “Based on the communication we have received, the public is incensed, as are members of legal profession and rightfully so. The process to sanction an attorney is not done instantly, and must abide by all rules of natural justice.
    On the other hand, when it becomes a lengthy process, the result creates a perception that the commission of a crime occurred without penalty.”
    The BBA explained that since last year it requested the conviction orders for Jackman and Lynch. The orders are still being awaited and are needed to support the applications for leave to apply.
    The statement disclosed that the association has already prepared the necessary documents to file complaints to the Disciplinary Committee against Jackman and Lynch. “The status of the process for Mr Jackman and Mr Lynch underscores what the association is saying about the need for reform and the inordinate length of time for this process.
    emmanueljoseph@barbadostoday.bb


  25. Stephen Sackur talks to Seychelles president Wavel Ramkalawan. His tiny nation is a tourist magnet but there are huge challenges – climate change, a shocking rate of heroin addiction and a political culture tainted by corruption allegations. Is this a case of paradise lost?

    https://www.bbc.co.uk/iplayer/episode/m001lwtt/hardtalk-wavel-ramkalawan-president-of-the-republic-of-seychelles?page=2


  26. I just read Part 3 of the Vonda Pile story and I am confused as hell. I am strong on punishing lawyers, but, in some cases, it looks as if we might have to jail both complainants and lawyers.

    Not going to hurt my head with foolishness. Everyone is a crook.


  27. This is simple TheO
    The lawyer woman is an idiot!!!

    You don’t think that SHE should have explained to the court that SHE had subsequently paid the people their money? ..and shown the evidence?

    Only a JA would allow the matter to continue until the victims CHOSE to come and say that they EVENTUALLY got their due….

    If Bushie was the client, … her donkey would be back up Dodds – cause ..NOT A WORD from the Bushman….!!!


  28. Someone explained that story elsewhere.

    Update: Jail the complainants, the crooked lawyer and give a life sentence to the journalists who cannot tell a story.

    Take these reporters beyond copy, cut and paste and you get mostly gibberish.


  29. Now I see you….
    Thanks.

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