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Judge makes major ruling without hearing defendants Print Email
Thursday, 30 October 2008

TBT protestersCASE protestersSingapore Democrats

District Judge Chia Wee Kiat today ruled that the defence could not ask questions to show that the police had unlawfully discriminated against the Tak Boleh Tahan! (Can't take it anymore!) protesters.


He also sided with the prosecution's contention that the Ministry for Home Affairs' declaration that it would not allow protests of any nature is not unconstitutional, this despite Article 14 of the Singapore constitution guaranteeing citizens the right to freedoms of speech and peaceful assembly.

The defendants had pointed out that the Consumers Association of Singapore (CASE) had also conducted a similar protest outside Parliament House in 2007 and 2008. Why was CASE allowed to stage their protest but not the TBT activists?

To add insult to injury, the Judge made these decisions listening only to the arguments of the prosecution but not the defence.

Yesterday Judge Chia had invited Deputy Public Prosecutor (DPP) Isaac Tan to address him on the question of the constitutionality of the Miscellaneous Offences Act. He also wanted to hear the DPP's arguments on why cross-examination by the defence about the police's handling of the TBT application was irrelevant.

The DPP took the entire morning to research his case and then came back to court to present his findings. The defendants then asked for time to respond to the DPP's arguments.

The Judge had to adjourn the hearing in the afternoon to allow Mr John Tan and Mr Shafi'ie to go the the Hight Court to attend a pre-trial conference regarding their contempt of court charge. The other defendants took the opportunity to prepare their arguments.

When the hearing resumed this morning, Dr Chee Soon Juan asked for more time to prepare his case because of the complex nature of the constitutional arguments: "I am consulting legal experts from overseas and I need more time to put together a proper rebuttal to the DPP on this matter."

The other defendants, including lawyer Mr Chia Ti Lik, also requested for more time to prepare their cases.

Mr John Tan, who is acting-in-person, also argued that he needed time to prepare his arguments because he was at the Hight Court the whole of yesterday afternoon. "I did not take the afternoon off to conduct my own affairs. I am being charged for an offence and I had no choice but to go to the High Court," he reminded the Judge. "As such I did not have time to prepare counter-arguments to the DPP's points."

Mr Shafi'ie also made the same point.

All this fell on deaf ears as Judge Chia ruled that no additional time would be given. Worse, the Judge immediately went on to rule in favour of the DPP's arguments.

Dr Chee protested that this was highly irregular and prejudicial against the defendants' cases: "A judge normally hears both sides of the argument before coming to a decision. In this matter you have only heard the prosecution's arguments and come to a decision based on that."

Dr Chee pointed out that the Judge could have ruled that he was not going to give additional time to the defendants but then allow them the opportunity to submit on whatever they had prepared.

Ms Chee Siok Chin asked Judge Chia to reverse his decision, "wipe the slate clean" and hear the defendants first before making his ruling.

The Judge refused saying: "I have made my ruling. You can now say what you want to say."

Mr Gandhi Ambalam then pointed out the obvious: "What's the point of saying anything when you have already ruled?"

Dr Chee reminded the judge that the defence hung on the fact that the police had discriminated against the TBT activists when it rejected the application. This was unlawful under the Article 12 of the Constitution which says that all persons must be treated equally under the law.

"By ruling the way you did, you have cut the legs from under our defence," he told the Judge.

But Judge Chia Wee Kiat remained adamant and insisted the hearing continue over the vehement objections of the defendants.

Hearing continues tomorrow.

 

 

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Comments (51)
  • AnnA (1) - A Grand Mockery.
    [i]"... the defence could not ask questions to show that the police had unlawfully discriminated against the Tak Boleh Tahan! (Can't take it anymore!) protesters. " [/i]

    The IBA will eventually come to know of such prejudice.

    It would be good for SDP to expose such injustice to as many worldwide organistions as possible.

    When justice cannot be had from within, then pressure has to come from the international community.

    SDP peaceful activists must not be allowed to suffer in silence under such hypocritical system !!!
  • Burmese Patriot - Different countries, same story
    Judges in Singapore behave exactly like the Judges in Burma. Biased and Corrupt. What a shame!
  • Tan Tai Wei
    Very odd!

    In wanting to hear the DPP's objections to the defendants' lines of questioning, even to the extent of allowing him time off in order to research on them, the judge had already conceded their worthiness of consideration.

    Then why the impatience of not even wanting to hear the defendants' answer to the DPP's "researched" objections, leave alone his not permitting them time to prepare their answer?

    Was it because it was all only a clear matter of what is technically relevant to the present court hearing? Then why the initial procrastination, wasting court time? The DPP had pointed that out, and it surely wasn't a matter needing "research"!

    Was it the judge's incompetence, and his needing the DPP's "researched" tutorial on an obvious legal technicality? Or was it something worse?
  • Clear eyed - A Farce
    This whole farce is a waste of the defendants' time and taxpayers' money. The only people who benefit from it are the court staff, especially the judge and DPP who are making very good money for very easy work.
  • Anonymous
    [quote]Yesterday Judge Chia had invited Deputy Public Prosecutor (DPP) Isaac Tan to address him on the question of the constitutionality of the Miscellaneous Offences Act. He also wanted to hear the DPP's arguments on why cross-examination by the defence about the police's handling of the TBT application was irrelevant.[/quote]


    Why does one even bother to take the time to attend court to answer charges when one's voice is kept muted?

    To the TBT18, I say: BOYCOTT THE COURT!

    You will eventually be convicted at any rate, so why bother? The time wasted before the kangaroos would be better spent by you - the same 18 - doing another protest.

    No, not Toa Payoh. Protest outside the courts building.

    Oh, be sure to invite BBC, Reuters, the NGOs first before you embark on yet another court action-inviting action.

    Long live TBT18... oops, correction: it should be TBT16 - two had chicken'd out, recall?
  • Patriot III - aimed at the Lee - WORSE THAN BURMA
    [quote]Burmese Patriot - Different countries, same story [/quote]

    No, no, no, it's much better in Burma. September 2007 saw groups - more than five each, for certain - of protesters marching in various parts of the country, and the police and military did nothing of the sort of shameful things that ours here did.

    Sometimes you wonder how the fuck some folks here allow themselves to call this place - without feeling shame ever - a First World country! Amazing.

    Yea, First World - that is, if all countries in that league do the stupid & laughable things that we do here, haha.
  • snabsnab - Big Kangaroo
    Wow...there's a big huge kangaroo court...SDP fights on!
  • Ted
    What a shame, I'm speechless!!!
    PAP regime led by the dying lky is showing their true colors to the whold world by resorting to such disgusting method.

    Please carry on the fight. You are all hero of Singapore and will be remembered by all our future generations to come. Thank you very much for all the sacrifice that you all have made.
  • BEWARE - GOING TO KILL ALL ACTIVISTS
    LEE REGIME ALL OUT TO GET THE OPPOSITIONS!
  • GET REAL - THROW PAPEES OUT
    [b][quote]Dozens of DBS investors protested emotionally and at times violently yesterday. At the Legislative Council yesterday morning, they called for the government to investigate whether the bank used misleading tactics to market the products. Later, at DBS’ Central offices, several protesters clashed with police who barred them from entering the building. They were eventually able to meet bank representatives. They also marched to the Singapore consulate[/quote][/b]


    [color=red][b]Hong Kongers got guts. I take my hat off to them.

    well, because the HK govt allow them to do so, you don't see Donald Tsang charging them in court and throwing them into jail like in Singapore.

    People have no voice in Singapore

    this is democracy and freedom, which Singapore failed at.[/b][/color]
  • anon - 18 TBT
    Perhaps they should all apply for political asylum in the USA and use this as a reward for those going after the PAP. This may encourage more people to do it.
  • ah beng - wretched humans
    I hereby officially lay a curse on the people of the court.
  • Kaffein - Qi Kuai...?
    Hmm... indeed very very odd.

    Why bother to give time for 'research' by DPP, and then not allow the defendants to address the 'research'? Also should not a judge listen to both sides before pronouncing the decision? Seems so 'unethical' and odd.

    Also to simply disregard Article 14 where is it a standing point of debate is also dumbfounding. Because to allow it is to agree that there is no case for the TBT18 to be charged. That means the police goofed up big time. And there could be a civil suit to sue the Home Affairs ministry for wrongful arrest.

    Perhaps the judgement has already been rule in favour of the DPP so that all is 'smooth'.

    Bemused,
    Kaffein
  • David
    WHAT A FARTING KANGAROO COURT WE HAVE. FART THEM ! SCREW THEM ! FARTING KANGAROO ! GO EAT SHIT

    ANG MOH, IBA ETC, PLEASE SAVE SDP AND PLEASE SAVE SINGAPORE. WE HAVE A TRUE KANGAROO COURT HERE RUN BY SOME KANGAROO FAMILY ...

    AND PLEASE SAVE SHITTYMIKE BECAUSE HE IS PIG THAT EAT TOO MUCH WRONG SHIT!
  • David
    SDP needs to publish the face of Chia Wee Kiat here to shame him eternally and in hell.
  • maxChew - Another Kangaroo Reserve opened?
    It does look like yet another Roo Reserve has opened and occupied by Roos this time at South Bridge Rd?
    Could be a branch of the main Roo Reserve at High St. God in heaven help us all!
  • anonymous
    As I have said before.

    This is another series of sham trial in kangaroo courts presided by lap dog judges.

    Judges that just do the bidding of their master. The People's Action Party leaders.

    No justice or equality will be meted out under them.

    Only persecution and oppression.

    These people are truly scum of the earth, putting up a front that they are men/women of integrity, honesty, high moral standing.

    Take off their masks and you will see the ugly revoting face of mankind.
  • Daniel Ling - Nothing Much to Say
    But it's pretty clear that it's unfair. Like wat Mr Gandhi Ambalam said

    "What's the point of saying anything when you have already ruled?"

    OMFG
  • Anonymous - CASE vs TBT
    My blood boils every time I see images of thousands gathering for PAP-sanctioned/-organised events like these consumer marches, runs to officiate KPE openings, etc.

    Basically, ten out of ten, these ignoramuses of Singaporeans don't even know what it is they are attending, much less what it is they have been bundled into joining for or about.

    To the organisers, these 'faithful' aunties and ah peks help to make up and swell the numbers while, to the freetime-on-their-hands-and-have-nothing-better-to-do participants, it's just to collect free goodie bags, angpows, whatever - not unlike the freeloaders who, not having to work and can then be aware of all free lunches organised by RCs/PAP grassroots, attend to, yes, LOAD UP at fellow Singaporeans'/taxpayers' expense.

    Makes my blood boil to think about the tens - if not hundreds - of thousand$$$ that go into specially printing T-shirts, stamping special logos on bags & umbrellas, etc, the lunchboxes and drinks, the closing of roads (at others' inconvenience), etc, etc,
    that I pay each year to IRAS for these unspontaneous events (to further the cause of the ruling party)!!!!!!!!!!!!

    FUCK!
  • tohjohn
    The rule of law.
    With this kind of ruling by the judge. What rule of law in S'pore?!

    That concept has just been totally shredded and thrown into the rubbish bin by the PAP.

    The judiciary is just [color=red]another[/color] political party apparatus maintain their rule and squash any opposition to their complete domination of S'pore.

    Frightening isn't it?!
  • Anonymous
    i have said this before. we need to revert back to the jury system. though, in my humble opine, there still much we can do to improve a "people's court", but it is still better than the current system that bestow too much power to a few "learned men". learned men should only play facilitating roles such as guiding the process of ascertaining and acquiring factual evidences, ensuring fair hearing and maintaining the dignity of the court etc

    there are too many proven instances where learned men may not necessarily be wise nor righteous. i rather trust in independent mature working citizens from all walks of life to hear my case and let them be the judge – empower the electorates.

    better still, dissolve absolute power. dissolve a system which consolidate civil services to executive control.

    no man can be trusted with power for none is righteous, no not ONE.
  • 007 - The other Bond - Alan BOND was also a crook - just like MiniBOND
    Never mind the 375 million or 500 million figure, but EIGHT THOUSAND INVESTORS in those more-junk-than-junk bonds-minibonds???

    If they were ALL Singaporeans, then it must spell trouble for PAP at the next GE - because 8,000 is a sizeable lot of the elctorate, yes?

    Wonder if the Unholy Trinity of MAS/DBS/PAP are going to FULLY COMPENSATE these 8k odd folks just to appease and placate them ahead of GE2011... hm, the Elections Dept might already have printed ballots ahead to make them all mark X against the Lightning Party symbol (to first secure 8000 votes) as a pre-condition for their getting back any compensation...

    What can't happen in The Little Red Dot that is Uniquely Singapore after all?

    :D
  • Roland Soh
    The kangaroo is on the rampage, destroying the Judiciary, the MIW and the Singapore Government in a way that is unbelievble. The whole world is alarmed at this blatant disregard for the Law and the Constitution. SINKaPOOreans are disgusted! In Australia, they just cull the animal. This kangaroo here will self destruct!Let this animal die!
  • Bernard Chan - This is over the limit.
    The judge is BIAS. Go ahead and sue me. Yes LKY go ahead to arrest me and sue me. I am in Canada.

    Go get some secret policemen from Singapore to come to my place and arrest me.

    If this is not bais then what is?

    I don't know what English words I can use to condemn this kangaroo judges in SINgapore...F... mother F...ker, what words can be used.

    Please my fellow Canadian lawyer, Mr Robert Amsterdam, Sir please do something about this whole bias act.
  • Anonymous
    Wow, how could our SPH's Straits Times sit comfortably on that moral high horse, highlighting its internet report of the acquittal of that Malaysian associate of Najib's, with the heading "Not Guilty" with an exclamation mark!

    As if that same press had not habitually dared only to remain silent in our own cases, reporting them when it did only in a few lines in small print, where observers at home and elsewhere could sense similar political interferences!
  • ForeignerPR
    I presume the Singapore courts consider themselves to be above the constitution and the law.
  • Anti-kangaroo
    Another pro-pap (balls carrier) judge awaiting to be promoted.
  • ForeignerPR - Mikhail Khodorkovsky - Robert Amsterdam's Client
    He said this to The Times, about Russia's polital system:
    "It is the Singapore model, it is a term that people understand in Russia these days. It means that theoretically you have a free press, but in practice there is self-censorship. Theoretically you have courts; in practice the courts adopt decisions dictated from above. Theoretically there are civil rights enshrined in the constitution; in practice you are not able to exercise some of these rights." - Obtained from Wikipedia
  • Tan Tai Wei
    "Anonymous", who prefers trial by jury, is right on at least this.

    How individual jurors vote is confidential. Where the vote is unanimous, "unity is strength" : they can't all be victimised for the way they vote.

    Trial by a single judge, or even by three, in a system where the judiciary isn't independent of the executive, judges being also human, may be subjected to abuse. Even where judges were consciously morally upright, there could be "unconscious drives and hidden motives".
  • ah beng - Suffer unto the burning fire.
    So it is said and it shall be done. The full circle of the curse is complete. Let it cast the jesters and their masters of the court into the infernos of Hell and may their rebirth be that of hopping creatures.Hahaha(evil laughter).
  • jacys - Just pronounce Chee guilty
    Sigh....why should precious time and resources be wasted on Chee, the ever attention-seeker.

    Just throw him into jail and settle the case !

    He is probably savoring the food in jail !

    Haha....SDP goons
  • Anonymous
    while you people kbkb about the state of unjust rule of laws in this country, the news people, under their political masters, have been busy churning out negative reports after negative reports about the state of economy, retrenchment, businesses losing steam, social turmoils in regional countries, people in debts, suicides, murders, increasing queue at CDC and at free food outlets, falling property prices etc etc etc

    i am just wondering whether the regime is deliberately ENGINEERING a worse than expected economy with the intention to HIT THE PEOPLE'S ASSETS(stocks,properties,JOBS etc) further. this strategy is to put the people back into worrying( a fear mentality) about bread and butter issues and hopefully reduce the rising dissenting voice over price hikes, unjust laws, corporate predatory advantage over investors etc. etc.

    the risk of course is that it may backfire on the gahmen. but then, fear is a powerful emotion for subjugation.

    can a city that's build on wealth or your bank accounts be free from those who control your "purse strings"?

    looks like it's working?





    .
  • mike - fight for the judges freedom
    The judges are also trapped. Don't blame them.

    Perhaps, we should first fight for life time employment for the judges first when that is done, perhaps, we can have more justice.
  • Dick - Kangaroo Judge
    They should go to jail for violating the Singapore constitution and not upholding the rule of law.
  • Mc Cathey - GOOD LUCK, BUT DONT COMPLAIN
    I agreed with Jaycs.

    Why bother Tax Payers monies to even jail them. They jolly well knew in prison, food, lodging, medical and I think, even salary are paid for job done inside, such as writing of books that the Chees are popular.

    To John: Why complain? No body asks you to be charged. You guys are not illiterate and knew well there is constitution that stated the laws very clearly.

    To the Balance of SDP: Why compare with CASE?? CASE fights for the people (non-political) while you guys fight for your own stupid belief, led by your STUPID Chief.
  • Beacon - Know The Law First
    Before jumping and dancing and cursing like a mad man, get your facts correct first. There are Evidence Act, Criminal Procedure Code, etc, to follow. What are admissible and what are inadmissible evidence are all stated very clearly in the book. DPP, TBT defendants and Judge all got to follow the laws as stated in these books. You can read it yourself and make your own decision. Do not be emotional. Use your head to think. It cannot be suka, suka, to allow or not to allow the evidence. You must be fair to everybody regardless who is the DPP, TBT or Judge. After all, the Judge got to write his judgment for TBT defendants to see. It is now a vogue that every Judge who rules against SDP is criticised and censored. It is akin to TBT workmen who quarrel with their tools in every court trial. Something must be very wrong with SDP and TBT!
  • jacys - If PAP is so bad, will you still be able to kpkb h
    If the PAP is as repressive as it sounds, you guys will all be rounded up and thrown into prison for sedition !

    Do you still think you can KPKB here ?

    With such radical supporters, it's little wonder SDP is going to be dissolved soon.

    The majority of Singaporeans want an opposition that is constructive like WP, not destructive.

    Though WP may disagree at times with PAP, we do support them when our country is at stake such as during last year IBA Conference when Sylvia Lim jump in defence of Singapore's laws which are unfairly attacked by Dr Chee.

    Chee, if you are so pissed with Singapore, just pack up your bags and leave. Stop creating unrest in uncertain times like this.

    We need to unite behind the govt to overcome this together.
  • Husrin
    You guys ever watch the movie "V for Vendetta"?




    See how the High Chancellor maintained and strengthened his iron grip rule over the already cowed people. Bad news after bad news about epidemics, terrorism, rising food and water prices.. all this with one purpose. To instill the already potent fear into the people further.



    As the High Chancellor said "[b]I WANT EVERYONE TO REMEMBER WHY THEY NEED US!"[/b]



    Enough said.




    Oh and on an unrelated note, I would like to apologise to the SDP moderators about my rather vulgar comment on another post a few days back. I lost my temper with jacys. Sorry...
  • CaraBrown - Don't waste court time.
    Aiya can the judge rule otherwise?

    Whether u want to prolong for one, two or three weeks the verdict is still going to be the same. I think the judge was right by not giving time. Why have I stopped getting surprised in Singapore? Everything is so predictable. hehehehe
  • Brendan - Yes, Convict them all!!
    [quote=jacys]Sigh....why should precious time and resources be wasted on Chee, the ever attention-seeker.

    Just throw him into jail and settle the case !

    He is probably savoring the food in jail !

    Haha....SDP goons[/quote]

    You are 100% right. Convict all the 16 and throw those who refuse to pay the fine in jail. Get the attention of the world!

    Ever wonder why the mainstreem press $hit Times and news channels has been dead quiet about this particular case?

    We only hear it from this site.

    Let's see what they will report when the sentences have been read.
  • G Chen - re: If PAP is so bad, will you still be able to kp
    [quote=jacys]
    The majority of Singaporeans want an opposition that is constructive like WP, not destructive.

    We need to unite behind the govt to overcome this together.[/quote]

    Well, since you talk about uniting behind the governement, then start by admitting that WP is not constructive and a Wayang Party because PAP minister already said so, unless of course you are saying that he is liar. People like you are useless and irresponsible because you will come out with all kinds of allegation to create discourse and when challenged, just act dumb and blind, and then continue on with other allegations..so pathetic.

    To McCathy who said "Why complain? No body asks you to be charged. You guys are not illiterate and knew well there is constitution that stated the laws very clearly."

    Where did you just came from before submitting your comment? SPACE? It is exactly because the constitution support such rights that they are fighting for it?

    and then you said "Why compare with CASE..CASE fights for the people (non-political) while you guys fight for your own stupid belief, led by your STUPID Chief."

    So in other word, you are saying that regardless of what any political party "does for the people" it can never be considered as fighting "for the people"??? hahaha....Guess you are the STUPID person with such STUPID belief that you are referring to.
  • G Chen
    Just to correct my earlier submission, I would like to replace the word "allegation" with "rubbish" which I feel is actually more appropriate.
  • G Chen - re: Know The Law First
    To Beacon, firstly reading the law is not as simple as you make it out to be, otherwise we dont require defense lawyers. Secondly, even a layman would see a problem in instances such as when the law is used to allows one organisation to stage a protest and disallow another organisation to stage a smiliar protest.
  • lalabong
    i am quite sure a different story would have been told from the perspectives of the judge...

    its the same thing in this forum.... before we condemn (or support) any side, we must hear both sides.

    constantly listening to the drumming of the st is not good indeed...

    but constantly listening to the dramatization on this site is not good too...

    so hear both sides, as wad chee rightly pointed out. has anyone tried contacting the judge or the courts about this issue? i mean, if it was really as bias and blatant as reported on this page... then surely it warrants more public scrutiny and expression of our displeasure? contained to the four walls of this page, we r doing quite little to change and improve things, i think.

    would appreciate it if the sdp administrators can actually make it a habit to post the views of the official authorities on any event it wishes to condemn or complain about here. then, this place will truly be one that is open, keen on free speech and respects the rule of "hearing both sides".
  • David
    lalabong,
    the gov can setup their blog if they want. If SDP report what gov says, people will whine that it is biased so why the gov setup their own kangaroo blog and counter what SDP and those been charge say ? Unless these kangaroos have something to hide.
  • Loki
    Would like to hear the recording for this proceeding. Wonder will we get access to it?
  • Alan Wong
    Damn ridiculous this Judge!
    Damn bias also.
    His conduct is totally unbelieable!

    Where did he get his training ?
    University of PAP?

    Where did he get his appointment ?
    From LKY or LHL himself ?
  • AGitated - About time...
    This piece of judging works is an exceptional precedent and must surely go into the ANALS - yes, kah-chng, not ANNALS - of world common-law history as a case study (of what you mustn't do as a judge in upholding justice).

    Since it has rubbed salt into hurt-time-and-again Singaporeans' wounds, it can only add OIL to their fevent fire.

    So, we say: let's do a sequel to the TBT movement!

    Call it LTBT - Lagi Tak Boleh Tahan
  • Beacon - Same sentiment
    [quote=lalabong]i am quite sure a different story would have been told from the perspectives of the judge...

    its the same thing in this forum.... before we condemn (or support) any side, we must hear both sides.

    constantly listening to the drumming of the st is not good indeed...

    but constantly listening to the dramatization on this site is not good too...

    so hear both sides, as wad chee rightly pointed out. has anyone tried contacting the judge or the courts about this issue? i mean, if it was really as bias and blatant as reported on this page... then surely it warrants more public scrutiny and expression of our displeasure? contained to the four walls of this page, we r doing quite little to change and improve things, i think.

    would appreciate it if the sdp administrators can actually make it a habit to post the views of the official authorities on any event it wishes to condemn or complain about here. then, this place will truly be one that is open, keen on free speech and respects the rule of "hearing both sides".[/quote]

    All rational men and women share your sentiment. The trouble with these supporters is that they simply refuse to hear both sides to a story. Anyone who supports them and gives a contrarian view is labelled as PAP dog by SDP bitches. Anyway, these are a bunch of court jesters putting up a fantastic show one after another for all of us to enjoy and laugh at. There are still many pending shows for the court jesters to perform as they have a bunch of creative directors living on free food and lodging in seaside resorts to think and orchestrate new shows to keep all of us busy throughout the year!
  • murf
    Could you post the hearings online? I'd really like to hear em.
  • About Time - lalabong
    "would appreciate it if the sdp administrators can actually make it a habit to post the views of the official authorities on any event it wishes to condemn or complain about here. then, this place will truly be one that is open, keen on free speech and respects the rule of "hearing both sides"."

    Why waste space?? You can actually buy your own Shit Times at mama shop, for you to read on the other side. Try tell ST to put SDP's articles and see what they'll answer you, first. LoL
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