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POLICE APATHY AT GALLE FACE GREEN

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by MERRIL GUNARATNE

SNR DIG POLICE (RETIRED)

The indifference and reluctance of the police to act decisively against groups of political supporters which committed violent acts outside Temple Trees and on Galle Face green on May 9. 2022, caused a vicious backlash in many parts of the country. These omissions also contributed to a serious diminution of the prestige and reputation of the government.

An analysis of police failures will shed light about characteristic features or ingredients which are associated with instances where political goons take the law into their own hands, watched by a passive police. Such phenomena have a long history, going back to late 1970s. Almost all political parties and governments in power, with the exception of the Maithripala Sirisena- Ranil Wickramasinghe government from 2015 to 2019, had exploited this iniquitous practice to hopefully acquire narrow political ends. Passivity amidst such aggression has now become a malignancy in the police.

The fundamental role of the police from a citizen’s standpoint is to protect law abiding and peace loving citizen from those who breach the law. Police at all times perform a host of functions to assure that citizen are protected from lawbreakers. If this be so, how can the police be merely present as passive onlookers when mobs engage in violence and brutality against hapless citizens before their very eyes? This is the kind of syndrome that has been evident since late 1970s’ and the police refrain from performing their fundamental role of coming to grips with offenders.

Even an ordinary citizen can exercise the right of private defence if he is a witness to a crime. If this be so, how can the police passively watch a third force perpetrate violence on hapless protesters? Such an omission by a service empowered to protect society, would constitute a grave contravention of the laws of the land, apart from being a serious dereliction of duty. Police would then not become mere witnesses to occurrence of crime and violence, but would be accountable in a court of law for failing to fulfil their paramount role.

Perhaps the best way to identity where the police went wrong on May 9, 2022 would be to examine what they should have done when they received information that groups of political supporters were planning to converge on Temple Trees in solidarity with the former prime minister. Such information was abundantly available to the police, for the print, electronic and social media had provided ample publicity for them.

Colombo police should then have realised that such groups with goals at cross purposes with those of protesters outside Temple Trees and at Galle Face Green, should be kept distant from those engaged in peaceful protests. Police also had time and space to mobilise intelligence sleuths to find out whether violence was being planned. Anticipating tension and the inevitability of violent clashes, they should also have considered it prudent to speak to the leaders of such groups and admonish them that police would deal with them firmly if they transgressed the law. Apart from these glaring omissions, the police, observing the lawlessness perpetrated outside Temple Trees on May 9, should have anticipated that they would proceed and indulge in acts of violence at the Galle Face green as well.

It may not be difficult to understand why police performed as amateurs or novices. None of the required preparatory work and planning appear to have been done. The irrefutable conclusion that could be drawn from the total absence of planning and foresight is that the police preferred to allow a third force to take the law into their hands. A feeble pretence at an endeavour to restore law and order was “on show”, but not convincing enough to the observer. The police, given the unusually large numbers they had deployed on the fateful morning, could have been a thorn in the flesh of the invaders if they had chosen to act firmly.

When we look at the history of this syndrome over four decades commencing from 1977, it may not be wrong to draw the conclusion that police presence at such scenes of violence had often served as an impetus or encouragement for mobs to swing into action. The police presence helps to assure the mob that they have some degree of protection in case the hapless victims get the better of them. To put it differently, the mobs, before they advance on victims, become conscious that the police are present to be of assistance to them, or to boost their confidence.

POSSIBLE POLICE COLLUSION WITH POLITICAL ELEMENTS.

I would support these conclusions by drawing lessons from my experiences in 1977 when I served as Senior Superintendent of Police, Kelaniya.

Around the early part of 1978, Minister Cyril Mathew, a heavy weight of the UNP government and the leader of the UNP trade union body, required the presence of police from Peliyagoda police station at the Dasa Industries factory at Dalugama, ostensibly to protect workers streaming out of work. Since the request was made to me, I chose to lead the police party visiting the environs of the factory. I observed the minister present, with an unusually large number of his followers.

I then suspected that our presence was to provide some degree of confidence or protection to this group, and that the actual plan was to manhandle the factory workers when they left their premises after work. Our intelligence officers confirmed our assessment. Police were thereupon ordered to baton charge and arrest the miscreants, if they assaulted the ‘Dasa’ workers. The assaults took place as anticipated, and the police swung into action decisively and effectively. The minister left in his car hurriedly, and the goons, apart from some being arrested, took to their heels.

It was evident from this experience that the mob had some confidence that the police would not only watch passively, but also render assistance in some form or the other, if the victims turned tables on the offenders. When the unexpected occurred, they took to their heels. Some of these features were not alien to the events at Galle Face on May 9.

Two weeks after the ‘Dasa’ incident, occurred a far more serious incident. On a particular morning, the minister had assembled about 200 of his followers on the Colombo-Kandy road and invaded the Vidyalankara University in order to cripple left student unions. The Vice Chancellor and the HQI of Peliyagoda police station had apparently been advised to make themselves “unavailable”. The office of SSP Kelaniya being about 300 yds distant from the police station, I was in the dark about these sinister developments.

Perhaps after the experience at Dasa Industries, preparations for the assault had included plans to make me unaware of the planned trespass. Fortunately, a police constable who was an external student of the University, arrived at my office and bared the entire plot of the minister. I telephoned my DIG at police headquarters to keep him in the picture. He showed no surprise, and appeared to know what was taking place! Having briefed him, I visited the Campus premises with a strongly equipped police party.

I then gathered that the assembled mob was to make a second foray to wreak vengeance, for one of their ilk had been done to death by students in self defence. The minister, on seeing the police party, left the environs and summoned me to the police station. He requested that the police party be withdrawn, which I refused to do. He then withdrew his followers. The mob did not prefer a confrontation with the police.

These experiences offer proof that mobs with political designs are often reluctant to clash with a determined police which would uphold the law. Therefore if we relate these two experiences to the events of May 9, 2022, it may not be wrong to reach the following conclusions; the police probably knew the plans of the mob, and worked in collusion; they felt confident to unleash violence, with a passive police present; the goons did not consider the police a threat or obstruction to them; the police bid to restore order was belated and ineffective, leading to the conjecture that it was a pretence; And finally, if the police decided to deal with the miscreants firmly, there would not have been any resistance from them. Our experience in Kelaniya made it abundantly clear that mobs generally do not wish to clash with a police determined to uphold the law.

A PRESIDENTIAL COMMISSION MUST EXAMINE POLICE ROLE ON MAY 9

The apathy of the police in similar scenarios for over 40 years is proof that a malignancy has set in. I think juniors are not to blame for sins of seniors. Even with regard to serious omissions leading to the carnage of “Easter Sunday in 2019, juniors cannot be faulted. One of the reasons why a high powered Commission should be appointed to perform effective surgery of a chronic malignancy is to ensure that the police deviate from the abhorrent practice of allowing third forces to flout the law in their presence. This keeps occurring with monotonous frequency. Further, apart from prosecution in courts for criminal charges, penalties such as dismissal, denial of the right to enjoy “public office” again, and loss of civic rights could be invoked so as to serve as deterrents.

The fact that not one similar instance had been previously scrutinised and investigated to deal with errant officers, is a compelling reason for the appointment of a Commission; and the omissions of the police, apart from triggering a vicious backlash, has caused the government to lose considerable ground, from the standpoint of prestige. To my mind, the police could have acted firmly and justifiably when people surrounded the residence of the head of state at Mirihana and even torched public property. Their inertia became an impetus for what followed. And after unrest advanced from a trickle to a torrent, the question of using force did not emerge as a prudent option to consider. The police did far worse at Galle Face by allowing a third force to cause violence and mayhem.

THE DEFENCE ADVANCED BY SENIOR DIG TENNAKOON

According to news in the social media the Senior DIG is reported to have stated that he was first guided correctly by the president as to the correct course of action to be adopted, but thereafter misguided by two defence officials to desist from doing so. I would consider that this argument in defence is puerile and preposterous. When empowered by law to act against a mob which threatens peaceful protestors with death or injury, he had to be only guided by the law, not by those in power structures. He cannot shift responsibility for violence and carnage to outsiders, for he was in control of security at the green. He alone is therefore accountable in a court of law for his actions. The buck stops with him.



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Features

The heart-friendly health minister

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Dr. Ramesh Pathirana

by Dr Gotabhya Ranasinghe
Senior Consultant Cardiologist
National Hospital Sri Lanka

When we sought a meeting with Hon Dr. Ramesh Pathirana, Minister of Health, he graciously cleared his busy schedule to accommodate us. Renowned for his attentive listening and deep understanding, Minister Pathirana is dedicated to advancing the health sector. His openness and transparency exemplify the qualities of an exemplary politician and minister.

Dr. Palitha Mahipala, the current Health Secretary, demonstrates both commendable enthusiasm and unwavering support. This combination of attributes makes him a highly compatible colleague for the esteemed Minister of Health.

Our discussion centered on a project that has been in the works for the past 30 years, one that no other minister had managed to advance.

Minister Pathirana, however, recognized the project’s significance and its potential to revolutionize care for heart patients.

The project involves the construction of a state-of-the-art facility at the premises of the National Hospital Colombo. The project’s location within the premises of the National Hospital underscores its importance and relevance to the healthcare infrastructure of the nation.

This facility will include a cardiology building and a tertiary care center, equipped with the latest technology to handle and treat all types of heart-related conditions and surgeries.

Securing funding was a major milestone for this initiative. Minister Pathirana successfully obtained approval for a $40 billion loan from the Asian Development Bank. With the funding in place, the foundation stone is scheduled to be laid in September this year, and construction will begin in January 2025.

This project guarantees a consistent and uninterrupted supply of stents and related medications for heart patients. As a result, patients will have timely access to essential medical supplies during their treatment and recovery. By securing these critical resources, the project aims to enhance patient outcomes, minimize treatment delays, and maintain the highest standards of cardiac care.

Upon its fruition, this monumental building will serve as a beacon of hope and healing, symbolizing the unwavering dedication to improving patient outcomes and fostering a healthier society.We anticipate a future marked by significant progress and positive outcomes in Sri Lanka’s cardiovascular treatment landscape within the foreseeable timeframe.

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A LOVING TRIBUTE TO JESUIT FR. ALOYSIUS PIERIS ON HIS 90th BIRTHDAY

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Fr. Aloysius Pieris, SJ was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera on Nov. 23, 2019.

by Fr. Emmanuel Fernando, OMI

Jesuit Fr. Aloysius Pieris (affectionately called Fr. Aloy) celebrated his 90th birthday on April 9, 2024 and I, as the editor of our Oblate Journal, THE MISSIONARY OBLATE had gone to press by that time. Immediately I decided to publish an article, appreciating the untiring selfless services he continues to offer for inter-Faith dialogue, the renewal of the Catholic Church, his concern for the poor and the suffering Sri Lankan masses and to me, the present writer.

It was in 1988, when I was appointed Director of the Oblate Scholastics at Ampitiya by the then Oblate Provincial Fr. Anselm Silva, that I came to know Fr. Aloy more closely. Knowing well his expertise in matters spiritual, theological, Indological and pastoral, and with the collaborative spirit of my companion-formators, our Oblate Scholastics were sent to Tulana, the Research and Encounter Centre, Kelaniya, of which he is the Founder-Director, for ‘exposure-programmes’ on matters spiritual, biblical, theological and pastoral. Some of these dimensions according to my view and that of my companion-formators, were not available at the National Seminary, Ampitiya.

Ever since that time, our Oblate formators/ accompaniers at the Oblate Scholasticate, Ampitiya , have continued to send our Oblate Scholastics to Tulana Centre for deepening their insights and convictions regarding matters needed to serve the people in today’s context. Fr. Aloy also had tried very enthusiastically with the Oblate team headed by Frs. Oswald Firth and Clement Waidyasekara to begin a Theologate, directed by the Religious Congregations in Sri Lanka, for the contextual formation/ accompaniment of their members. It should very well be a desired goal of the Leaders / Provincials of the Religious Congregations.

Besides being a formator/accompanier at the Oblate Scholasticate, I was entrusted also with the task of editing and publishing our Oblate journal, ‘The Missionary Oblate’. To maintain the quality of the journal I continue to depend on Fr. Aloy for his thought-provoking and stimulating articles on Biblical Spirituality, Biblical Theology and Ecclesiology. I am very grateful to him for his generous assistance. Of late, his writings on renewal of the Church, initiated by Pope St. John XX111 and continued by Pope Francis through the Synodal path, published in our Oblate journal, enable our readers to focus their attention also on the needed renewal in the Catholic Church in Sri Lanka. Fr. Aloy appreciated very much the Synodal path adopted by the Jesuit Pope Francis for the renewal of the Church, rooted very much on prayerful discernment. In my Religious and presbyteral life, Fr.Aloy continues to be my spiritual animator / guide and ongoing formator / acccompanier.

Fr. Aloysius Pieris, BA Hons (Lond), LPh (SHC, India), STL (PFT, Naples), PhD (SLU/VC), ThD (Tilburg), D.Ltt (KU), has been one of the eminent Asian theologians well recognized internationally and one who has lectured and held visiting chairs in many universities both in the West and in the East. Many members of Religious Congregations from Asian countries have benefited from his lectures and guidance in the East Asian Pastoral Institute (EAPI) in Manila, Philippines. He had been a Theologian consulted by the Federation of Asian Bishops’ Conferences for many years. During his professorship at the Gregorian University in Rome, he was called to be a member of a special group of advisers on other religions consulted by Pope Paul VI.

Fr. Aloy is the author of more than 30 books and well over 500 Research Papers. Some of his books and articles have been translated and published in several countries. Among those books, one can find the following: 1) The Genesis of an Asian Theology of Liberation (An Autobiographical Excursus on the Art of Theologising in Asia, 2) An Asian Theology of Liberation, 3) Providential Timeliness of Vatican 11 (a long-overdue halt to a scandalous millennium, 4) Give Vatican 11 a chance, 5) Leadership in the Church, 6) Relishing our faith in working for justice (Themes for study and discussion), 7) A Message meant mainly, not exclusively for Jesuits (Background information necessary for helping Francis renew the Church), 8) Lent in Lanka (Reflections and Resolutions, 9) Love meets wisdom (A Christian Experience of Buddhism, 10) Fire and Water 11) God’s Reign for God’s poor, 12) Our Unhiddden Agenda (How we Jesuits work, pray and form our men). He is also the Editor of two journals, Vagdevi, Journal of Religious Reflection and Dialogue, New Series.

Fr. Aloy has a BA in Pali and Sanskrit from the University of London and a Ph.D in Buddhist Philosophy from the University of Sri Lankan, Vidyodaya Campus. On Nov. 23, 2019, he was awarded the prestigious honorary Doctorate of Literature (D.Litt) by the Chancellor of the University of Kelaniya, the Most Venerable Welamitiyawe Dharmakirthi Sri Kusala Dhamma Thera.

Fr. Aloy continues to be a promoter of Gospel values and virtues. Justice as a constitutive dimension of love and social concern for the downtrodden masses are very much noted in his life and work. He had very much appreciated the commitment of the late Fr. Joseph (Joe) Fernando, the National Director of the Social and Economic Centre (SEDEC) for the poor.

In Sri Lanka, a few religious Congregations – the Good Shepherd Sisters, the Christian Brothers, the Marist Brothers and the Oblates – have invited him to animate their members especially during their Provincial Congresses, Chapters and International Conferences. The mainline Christian Churches also have sought his advice and followed his seminars. I, for one, regret very much, that the Sri Lankan authorities of the Catholic Church –today’s Hierarchy—- have not sought Fr.

Aloy’s expertise for the renewal of the Catholic Church in Sri Lanka and thus have not benefited from the immense store of wisdom and insight that he can offer to our local Church while the Sri Lankan bishops who governed the Catholic church in the immediate aftermath of the Second Vatican Council (Edmund Fernando OMI, Anthony de Saram, Leo Nanayakkara OSB, Frank Marcus Fernando, Paul Perera,) visited him and consulted him on many matters. Among the Tamil Bishops, Bishop Rayappu Joseph was keeping close contact with him and Bishop J. Deogupillai hosted him and his team visiting him after the horrible Black July massacre of Tamils.

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A fairy tale, success or debacle

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Ministers S. Iswaran and Malik Samarawickrama signing the joint statement to launch FTA negotiations. (Picture courtesy IPS)

Sri Lanka-Singapore Free Trade Agreement

By Gomi Senadhira
senadhiragomi@gmail.com

“You might tell fairy tales, but the progress of a country cannot be achieved through such narratives. A country cannot be developed by making false promises. The country moved backward because of the electoral promises made by political parties throughout time. We have witnessed that the ultimate result of this is the country becoming bankrupt. Unfortunately, many segments of the population have not come to realize this yet.” – President Ranil Wickremesinghe, 2024 Budget speech

Any Sri Lankan would agree with the above words of President Wickremesinghe on the false promises our politicians and officials make and the fairy tales they narrate which bankrupted this country. So, to understand this, let’s look at one such fairy tale with lots of false promises; Ranil Wickremesinghe’s greatest achievement in the area of international trade and investment promotion during the Yahapalana period, Sri Lanka-Singapore Free Trade Agreement (SLSFTA).

It is appropriate and timely to do it now as Finance Minister Wickremesinghe has just presented to parliament a bill on the National Policy on Economic Transformation which includes the establishment of an Office for International Trade and the Sri Lanka Institute of Economics and International Trade.

Was SLSFTA a “Cleverly negotiated Free Trade Agreement” as stated by the (former) Minister of Development Strategies and International Trade Malik Samarawickrama during the Parliamentary Debate on the SLSFTA in July 2018, or a colossal blunder covered up with lies, false promises, and fairy tales? After SLSFTA was signed there were a number of fairy tales published on this agreement by the Ministry of Development Strategies and International, Institute of Policy Studies, and others.

However, for this article, I would like to limit my comments to the speech by Minister Samarawickrama during the Parliamentary Debate, and the two most important areas in the agreement which were covered up with lies, fairy tales, and false promises, namely: revenue loss for Sri Lanka and Investment from Singapore. On the other important area, “Waste products dumping” I do not want to comment here as I have written extensively on the issue.

1. The revenue loss

During the Parliamentary Debate in July 2018, Minister Samarawickrama stated “…. let me reiterate that this FTA with Singapore has been very cleverly negotiated by us…. The liberalisation programme under this FTA has been carefully designed to have the least impact on domestic industry and revenue collection. We have included all revenue sensitive items in the negative list of items which will not be subject to removal of tariff. Therefore, 97.8% revenue from Customs duty is protected. Our tariff liberalisation will take place over a period of 12-15 years! In fact, the revenue earned through tariffs on goods imported from Singapore last year was Rs. 35 billion.

The revenue loss for over the next 15 years due to the FTA is only Rs. 733 million– which when annualised, on average, is just Rs. 51 million. That is just 0.14% per year! So anyone who claims the Singapore FTA causes revenue loss to the Government cannot do basic arithmetic! Mr. Speaker, in conclusion, I call on my fellow members of this House – don’t mislead the public with baseless criticism that is not grounded in facts. Don’t look at petty politics and use these issues for your own political survival.”

I was surprised to read the minister’s speech because an article published in January 2018 in “The Straits Times“, based on information released by the Singaporean Negotiators stated, “…. With the FTA, tariff savings for Singapore exports are estimated to hit $10 million annually“.

As the annual tariff savings (that is the revenue loss for Sri Lanka) calculated by the Singaporean Negotiators, Singaporean $ 10 million (Sri Lankan rupees 1,200 million in 2018) was way above the rupees’ 733 million revenue loss for 15 years estimated by the Sri Lankan negotiators, it was clear to any observer that one of the parties to the agreement had not done the basic arithmetic!

Six years later, according to a report published by “The Morning” newspaper, speaking at the Committee on Public Finance (COPF) on 7th May 2024, Mr Samarawickrama’s chief trade negotiator K.J. Weerasinghehad had admitted “…. that forecasted revenue loss for the Government of Sri Lanka through the Singapore FTA is Rs. 450 million in 2023 and Rs. 1.3 billion in 2024.”

If these numbers are correct, as tariff liberalisation under the SLSFTA has just started, we will pass Rs 2 billion very soon. Then, the question is how Sri Lanka’s trade negotiators made such a colossal blunder. Didn’t they do their basic arithmetic? If they didn’t know how to do basic arithmetic they should have at least done their basic readings. For example, the headline of the article published in The Straits Times in January 2018 was “Singapore, Sri Lanka sign FTA, annual savings of $10m expected”.

Anyway, as Sri Lanka’s chief negotiator reiterated at the COPF meeting that “…. since 99% of the tariffs in Singapore have zero rates of duty, Sri Lanka has agreed on 80% tariff liberalisation over a period of 15 years while expecting Singapore investments to address the imbalance in trade,” let’s turn towards investment.

Investment from Singapore

In July 2018, speaking during the Parliamentary Debate on the FTA this is what Minister Malik Samarawickrama stated on investment from Singapore, “Already, thanks to this FTA, in just the past two-and-a-half months since the agreement came into effect we have received a proposal from Singapore for investment amounting to $ 14.8 billion in an oil refinery for export of petroleum products. In addition, we have proposals for a steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million), sugar refinery ($ 200 million). This adds up to more than $ 16.05 billion in the pipeline on these projects alone.

And all of these projects will create thousands of more jobs for our people. In principle approval has already been granted by the BOI and the investors are awaiting the release of land the environmental approvals to commence the project.

I request the Opposition and those with vested interests to change their narrow-minded thinking and join us to develop our country. We must always look at what is best for the whole community, not just the few who may oppose. We owe it to our people to courageously take decisions that will change their lives for the better.”

According to the media report I quoted earlier, speaking at the Committee on Public Finance (COPF) Chief Negotiator Weerasinghe has admitted that Sri Lanka was not happy with overall Singapore investments that have come in the past few years in return for the trade liberalisation under the Singapore-Sri Lanka Free Trade Agreement. He has added that between 2021 and 2023 the total investment from Singapore had been around $162 million!

What happened to those projects worth $16 billion negotiated, thanks to the SLSFTA, in just the two-and-a-half months after the agreement came into effect and approved by the BOI? I do not know about the steel manufacturing plant for exports ($ 1 billion investment), flour milling plant ($ 50 million) and sugar refinery ($ 200 million).

However, story of the multibillion-dollar investment in the Petroleum Refinery unfolded in a manner that would qualify it as the best fairy tale with false promises presented by our politicians and the officials, prior to 2019 elections.

Though many Sri Lankans got to know, through the media which repeatedly highlighted a plethora of issues surrounding the project and the questionable credentials of the Singaporean investor, the construction work on the Mirrijiwela Oil Refinery along with the cement factory began on the24th of March 2019 with a bang and Minister Ranil Wickremesinghe and his ministers along with the foreign and local dignitaries laid the foundation stones.

That was few months before the 2019 Presidential elections. Inaugurating the construction work Prime Minister Ranil Wickremesinghe said the projects will create thousands of job opportunities in the area and surrounding districts.

The oil refinery, which was to be built over 200 acres of land, with the capacity to refine 200,000 barrels of crude oil per day, was to generate US$7 billion of exports and create 1,500 direct and 3,000 indirect jobs. The construction of the refinery was to be completed in 44 months. Four years later, in August 2023 the Cabinet of Ministers approved the proposal presented by President Ranil Wickremesinghe to cancel the agreement with the investors of the refinery as the project has not been implemented! Can they explain to the country how much money was wasted to produce that fairy tale?

It is obvious that the President, ministers, and officials had made huge blunders and had deliberately misled the public and the parliament on the revenue loss and potential investment from SLSFTA with fairy tales and false promises.

As the president himself said, a country cannot be developed by making false promises or with fairy tales and these false promises and fairy tales had bankrupted the country. “Unfortunately, many segments of the population have not come to realize this yet”.

(The writer, a specialist and an activist on trade and development issues . )

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