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Duminda, four others sentenced to death

8 September 2016 12:05 pm - 137     - {{hitsCtrl.values.hits}}

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Former Parliamentarian Duminda Silva and four others were sentenced to death by the Colombo High Court today over the 2011 killing of former presidential adviser Bharatha Lakshman Premachandra and three others.

The verdict was given on 1/2 majority by the trial at bar comprising Judges Shiran Gunaratne (President), Pathmini N Ranawaka and MCBS Morais.

The accused were convicted on charges of rioting, unlawful assembly with common objective to commit a crime, criminal intimidation causing death or grievous hurt and the charge of murder under the Penal Code and Firearms Ordinance.

The verdict was divided when the president of the trial at bar, Judge Shiran Gunaratne delivered his judgment acquitting all 13 accused from all charges filed against them due to the lack of integrity of the witnesses produced by the prosecution during the trial and prosecution’s inability to prove beyond reasonable doubt over the given charges precisely.

Accused Withanalage Anura Thushara de Mel (1st accused) was convicted on eight charges while other accused Chaminda Ravi Jayanath alias Dematagoda Chaminda (3rd accused), Sarath Bandara and Janaka Bandara Galagoda (10th accused), who had gone missing, and Duminda Silva (11th accused) were convicted on ten counts each.

Apart from the murder charge, the third, seventh, tenth and eleventh accused were fined Rs. 40,000 and imposed 26 and a half years Rigorous Imprisonment with lifetime imprisonments over the other charges while the other first accused of the case was fined Rs. 20,000 and imposed 22 and a half years rigorous imprisonment with lifetime imprisonments.

Eight accused, Chandana Jagath Kumara, Lanka Rasanjana, Malaka Sameera, Widanage Amila, Suranga Premalal, Saman Kumara Abeywickrama, Rohana Marasinghe and Liyanarachchi Shaminda were acquitted by the trial at bar unanimously over all charges filed against them into the incident as the prosecution failed to prove charges on them beyond reasonable doubt.

Delivering the majority judgment, High Court Judge Pathmini N Ranawaka observed that the prosecution had proved during the trial, that the 11th accused of the case, Duminda Silva had lead the other suspects to the crime carrying the intention to kill the victim, Mr. Premachandra using the event as an opportunity, since it was evident that the accused had a long running resentment with the victim.

The Judge also held that according to the medical reports submitted in court by the prosecution; the accused Mr. Silva had been influenced with alcohol when the brawl and shooting were taken place within the Kolonnawa electorate, during the Local Government elections in October, 2011 against the victim’s side.

Rejecting the defence argument raised during the trial that the Duminda Silva was first shot by the opposition at the shooting the Judge ascertained that the accused as a parliamentarian and a well known person about the armed security attached to the Mr. Premachandra, he should have acted having the awareness of the consequences could occur from such a shooting..

Defence counsel Anil Silva PC who appeared for the convict Duminda Silva observed that such a verdict of an accused carrying a serious illness of life threatening being convicted with capital punishment was seen in first time in the country's legal arena.

Meanwhile, delivering dock statements before the death penalty was pronounced, all four convicts including Duminda Silva told court that they were innocent and not guilty over the charges put forward against them.

Earlier, the Attorney General had filed indictments against 13 individuals including Duminda Silva on 17 counts over the killing of Mr. Premachandra, and three of his aides.

The killing took place within the Kolonnawa electorate, during the Local Government elections in October, 2011. (Shehan Chamika Silva)

  Comments - 137

  • Malani Friday, 09 September 2016 11:11 AM

    With that lesson if learnt, Rajapakshas may find nibbana.

    professor Rumio Thursday, 08 September 2016 05:58 PM

    Justice not only must be delivered, must also appear to be done.

    Aba Jayasekera Thursday, 08 September 2016 06:08 PM

    Don't talk rubbish. If they appeal they have to do so from prison. That is good enough because there is no hanging

    Lanka Thursday, 08 September 2016 06:26 PM

    Let's wait and see....Don't forget, this is Sri Lanka, we don't do what we say...

    Aquarius Thursday, 08 September 2016 06:37 PM

    Whoever you are, shows the typical mentality of those hanging behind the corrupt

    Jagath Siriwardena Friday, 09 September 2016 11:56 AM

    After the murder he was admitted to Jayawardenapura hospital with state honor,guarded with state honor and transferd to a prestigious hospital in Singapore with state honor.Let's see who will visit him in the prisons.As he has forgotten every thing connected with this crime his mentors also will definitely forget him after a brief media performance.

    Ranjit Thursday, 08 September 2016 06:37 PM

    What goes around, comes around!

    Aquarius Thursday, 08 September 2016 06:45 PM

    You sound a born pessimist or born in the wrong political camp.

    dham Friday, 09 September 2016 12:35 PM

    Once an Icon another time a National Security advisor all powers are supersedes peoples power. via DM Android App

    Anarkali Friday, 09 September 2016 12:36 PM

    Finally. I am going to come back to Sri Lanka soon.

    Maya Thursday, 08 September 2016 07:01 PM

    One by one the pillars of the last regime is crumbling

    Jacoob to Jesse Friday, 09 September 2016 12:37 PM

    Jesse, I for one is not happy about any death penalty. Personally I am against anybody to suffer pain. at the same time I am keen that the senses will have to prevail, justices have to be done and everybody is accountable for what they commit. These are the fundamental of co-existence survival.

    clueless Friday, 09 September 2016 12:42 PM

    did they recruit and train a hangman via DM Android App

    VoiceOfLanka Thursday, 08 September 2016 07:33 PM

    I thought they have appointed a hangman after interviews and he is rearing to go! So why this conclusion of life in jail? Pieces of dirt like these born here are a previous karma of all decent Sri Lankans.

    Jacoob Ray of hope Thursday, 08 September 2016 12:11 PM

    It is indeed a ray of hope in the Damma Dwepa !!

    Bala Thursday, 08 September 2016 12:12 PM

    Gota will be very sad.

    Lanka Thursday, 08 September 2016 07:37 PM

    Singapore, please have a hospital room ready.

    Bingo Thursday, 08 September 2016 12:14 PM

    Then comes the appeal and again 10 years wait. another appeal another 10 years. after 20 years no body know what has happened!. What a court system we got and gov do nothing to get legal system sorted in the country.

    iemerald Thursday, 08 September 2016 12:14 PM

    will that thug hirunika dance the jig that duminda is found guilty

    Asoka Thursday, 08 September 2016 08:04 PM

    DAMMA...where...? in Sri Lanka !! you mean...

    Cobra Thursday, 08 September 2016 08:04 PM

    And hang 'em high!

    rasa Thursday, 08 September 2016 08:04 PM

    Why these people were not convicted before new government came to power? It shows that Sri Lanka's justice is system can be manipulated by the political forces. If they really committed the crime, finally justice is delivered.

    Divas Thursday, 08 September 2016 12:17 PM

    Hang them soon, no political games pls.

    raj Thursday, 08 September 2016 08:05 PM

    Is there any chance to convict Gothabay Rajapaksa for any murder when they were in the government?

    dinruta Thursday, 08 September 2016 12:18 PM

    Karana kalata pawu mihiriya mee say .........but we feel sorry for all of you !!!

    Cobra Thursday, 08 September 2016 08:10 PM

    No sir, he was worm ridden garbage!!!

    Sarathchandra Thursday, 08 September 2016 12:19 PM

    must implement the order.

    Manoratne Thursday, 08 September 2016 12:21 PM

    Hang this "KUDU RAJA" immediately

    CitizenPerera Thursday, 08 September 2016 08:13 PM

    Now Sira can issue a presidential pardon and say we are the greatest Buddhist country where even murder is forgiven.

    southpaw Thursday, 08 September 2016 08:13 PM

    wonder how Anarkaalle will react to the conviction.

    Cobra Thursday, 08 September 2016 08:15 PM

    Ananda, don't give ideas to Gammanpila's tongue!

    ANTON Thursday, 08 September 2016 12:25 PM

    " SENTENCED TO DEATH " ...... WHAT IS THE ACTUAL MEANING OF THIS ? WHEN ARE THEY GOING TO KILL THE VICTIMS ?

    ray Thursday, 08 September 2016 12:25 PM

    Can the sentence be carried out today evening itself please otherwise tomorrow these will admit themselves to prison hospital and say we are too sick to die

    Jesse Thursday, 08 September 2016 08:17 PM

    It's one thing for you to be happy about death panelty, but please don't put Dhamma Dweepa and death panelty in the same sentence, because a Dhamma itself does not condone eye for eye.

    sarath Thursday, 08 September 2016 12:28 PM

    He will definitely appeal and the case will go on for another 10 years and .....

    Sam Samarasinghe Thursday, 08 September 2016 12:28 PM

    Judiciary has shown its independency again. Thanks all the lawyers appeared for the victim.

    Mariam Ibrahim Thursday, 08 September 2016 12:29 PM

    deserving !!

    Danuka Thursday, 08 September 2016 12:30 PM

    Here's Yahapalanaya, slow but steady

    willows Thursday, 08 September 2016 12:31 PM

    will they ever go to jail?

    Lanka putha Thursday, 08 September 2016 12:31 PM

    Go on hang them quickly otherwise they will get admitted to a private hospital with some kidney/ heart problems

    usaguy Thursday, 08 September 2016 12:30 PM

    this morning I read death penalty or life cases dont get bail. so arrest this moron and put him behind even if he appeals no worries. he shud be behind bars via DM Android App

    Ihale Thursday, 08 September 2016 12:31 PM

    How long would be taken for appeal case If the appeal case fixed at least within one year that would be great... via DM Android App

    keto Thursday, 08 September 2016 08:40 PM

    some Methodist churches prayed for him to get well soon but the god has not listened to these prayers via DM Android App

    Unchikun Thursday, 08 September 2016 12:34 PM

    Now, hang them high!

    DHA Thursday, 08 September 2016 12:35 PM

    Finally justice is served...

    Silva Thursday, 08 September 2016 12:35 PM

    Good to see the legal system is finally taking steps in the right direction. Now lets see if they follow through.

    ANTON Thursday, 08 September 2016 12:36 PM

    WHAT IS THE EXACT MEANING OF "SENTENCED TO DEATH" WHEN ARE THEY GOING TO KILL THE CULPRITS ?

    Prem Thursday, 08 September 2016 12:38 PM

    its not western provincial council election..its Local government election day..pls check

    Aknal Thursday, 08 September 2016 09:05 PM

    What about a helipad?

    The critic Thursday, 08 September 2016 12:41 PM

    Great going!Finally the legal system in SL is in full swing!!Now to get the other big fish!!!

    Right Thursday, 08 September 2016 12:42 PM

    ETHANOL world market price dropped...

    Mathew George Thursday, 08 September 2016 12:45 PM

    This is justice. God is Great. Many more should come. A good lesson to all those who are involved in corrupt practice. Please count your days

    kaboos Thursday, 08 September 2016 12:46 PM

    do not rejoice on somebody else misfortune

    DS Thursday, 08 September 2016 09:38 PM

    This is not a financially feasible decision because these guys are "GYM BOYS", so government (prison) may incur additional overhead costs such egg white, chicken breast, avocado, way protein etc. to maintain these guys till they die in the prison. Mr. Finance minister, this is up to you.

    veekay Thursday, 08 September 2016 12:55 PM

    Even if he appeals he cannot be bailed out as he was sentenced to death. so until he would be given another verdict by court incase he should spend his life in prison.

    Sofia Thursday, 08 September 2016 10:00 PM

    In this dharma deepa, Kataragama temple priest stabbed and in hospital. Can we call it adharma deepa.

    KaluSudha Thursday, 08 September 2016 12:56 PM

    "Aney matta mathaka naaa"!!!!!!!

    Mandy Thursday, 08 September 2016 10:09 PM

    Sometimes the reason is obvious with reflection on the manipulated judiciary two years ago.

    waruna Thursday, 08 September 2016 12:57 PM

    Good news... finally justice prevailed. Next is his brother who runs a media network with drug fueled money.

    Bala Thursday, 08 September 2016 10:13 PM

    I feel sorry for this demented soul trying to salute RDSilva.His service to society was drugs.

    ANTON Thursday, 08 September 2016 12:58 PM

    I THINK WE ALL GOT FOOLED , THIS IS JUST THE PART ONE , TO PLEASE US , PART TWO IS YET TO COME.

    Drathgo Thursday, 08 September 2016 12:59 PM

    lol..sri lanka doesnt implement the death sentence (aka state sponsored murder). but guess its more cruelsome than a life sentence cause you never know whether the death penalty would be brought back.

    Citizen Thursday, 08 September 2016 12:59 PM

    Magilchi...

    Lima Thursday, 08 September 2016 10:20 PM

    HANG THEM TONIGHT OR TOMORROW , DO NOT DELAY , DEATH SENTENCE MEANS FOR DEATH. YOU CANNOT KILL SOMEBODY AND LIVE IN ENJOYMENT . DO YOU KNOWN HOW MUCH THE DECEASED FAMILY SUFFER. SO WHY KEEP AND FEED FROM OUR TAX PAYERS MONEY. HANG THEM SOON , DO NOT DELAY

    Daya Thursday, 08 September 2016 01:00 PM

    As it was conducted by a Trial at Bar no provision to appeal against the judgement.

    kukula Thursday, 08 September 2016 01:01 PM

    what a foolish remark.if it was your father i wonder how you would react, either you will do the jig or i shall not further comment.

    karsha Thursday, 08 September 2016 01:01 PM

    Bingo - it wont take long now

    karsh Thursday, 08 September 2016 01:04 PM

    if that unfortunate person was you?

    curious Thursday, 08 September 2016 01:04 PM

    would it be the same judgement for those involved in the Thajudeen case?

    rosebud Thursday, 08 September 2016 10:42 PM

    Are they in jail or not via DM Android App

    Stunned Citizen Thursday, 08 September 2016 01:11 PM

    Heard the SL is looking for a Hangman, I am happy to offer my services. Great News, that Justice has prevailed and the law is being implemented.

    ananda Thursday, 08 September 2016 01:13 PM

    Mr. President please implement the death sentence otherwise you will be accused of aiding and abating the murderers. via DM Android App

    Yahapala Thursday, 08 September 2016 01:14 PM

    OK good. The Judiciary has shown its independency again. Will police arrest Duminda Silav at once after the judgement og will it take another 10 yeras with appeal

    landau Thursday, 08 September 2016 01:15 PM

    royal park murderer was pardoned during the last weSak will it be the same like that via DM Android App

    BUSHEL Thursday, 08 September 2016 01:16 PM

    YOU CALL IT MISFORTUNE?

    N V Jen Thursday, 08 September 2016 11:05 PM

    Chiefs of the murderous ex-regime, note that your time too will come to face the noose.

    BUSHEL Thursday, 08 September 2016 01:23 PM

    IT IS ONLY A SENTENCE. NO KILLING. HA..HA... THAT IS HUMAN RITE

    TONY Friday, 09 September 2016 12:45 AM

    AND FINALLY PRESIDENTIAL PARDON

    Arnold Thursday, 08 September 2016 01:24 PM

    Hang him immediately.

    TONY Friday, 09 September 2016 12:50 AM

    THIS IS SAD FOR DUMINDA, BUT WE NEED JUSTICE TO ERADICATE IF NOT MINIMIZE CRIME

    lol Thursday, 08 September 2016 01:26 PM

    they rejoiced enough when they were pulling out that drama of "mata mathaka na" for years though

    Droffilc Surazal Friday, 09 September 2016 01:00 AM

    This is a complete eyewash to appease the public. Mark my words, within a few years Duminda will be pardoned and you know what? If MR or his rotten son Namal comes into power, Duminda will be appointed into a high profile post.

    PunPun Thursday, 08 September 2016 01:26 PM

    Death sentence should not be an issue at least for Duminda, as he can’t remember anything. So better say inside!!

    Coconut Republic Thursday, 08 September 2016 01:35 PM

    Now , he will remember who gave instructions to kill Bharata Lakshman.

    Prema Friday, 09 September 2016 02:01 AM

    SO TRUE...NOTHING WILL HAPPEN. IT WILL ALL BE FORGOTTEN SOON AND THE CULPRITS WILL GO SCOTT FREE AS USUAL.

    Sharon Thursday, 08 September 2016 01:42 PM

    Let this guy stay in jail for his lifetime. No death punishment please. We cannot be happy with another person's death.

    MJ Thursday, 08 September 2016 01:42 PM

    my view is It's Favoured Duminda to win the appeal... The High Court trial at bar, in a 2-1 majority decision, convicted these five over six charges including conspiring to murder. High Court judges Padmini N Ranawake and MCBS Moraes agreed to the decision while judge Shiran Gunaratne dissented, determining that all five were innocent of the chargesSo no idea why no unanimous decision

    melony Thursday, 08 September 2016 01:45 PM

    That is the 1st wedi muraya. More to follow

    Rohini Thursday, 08 September 2016 01:45 PM

    Justice at last. Now we have to wait for, justice for Thajudeen. The way Thajudeen has been tortured is unimaginable.....the inhumans involved in the torture and murder should be given maximum punishment. The people of this country are waiting anxiously.

    tonna Thursday, 08 September 2016 01:46 PM

    Presidential pardon may come in the future. if Mara come to power via DM iOS App

    singho Thursday, 08 September 2016 01:51 PM

    I will be happy that both these criminals are not there.

    Sri Lankan Thursday, 08 September 2016 01:52 PM

    Don't even wait for "Immediately"!!!

    ANTON Thursday, 08 September 2016 01:53 PM

    SRI LANKA COMMUTES DEATH SENTENCES TO LIFE IMPRISONMENT.

    Perumal Thursday, 08 September 2016 01:54 PM

    Judiciary has shown its independance but if the former regime had continued it would have been different.

    Premalal Friday, 09 September 2016 05:27 AM

    What amazes me is that one judge came to the total opposite conclusion. Maybe he was at another hearing.

    Faizell Thursday, 08 September 2016 01:55 PM

    Hope this will be an eye openor to power drunk politicians who think with power they could go Scot free by doing anything. He will obviously appeal and that may take another few years and finally might even get away.There are a few politicians down the pipeline who should be given the death sentence for their eerie activities.Finally it's only the justice system that the law abiding citizens can turn too.

    Saman Thursday, 08 September 2016 01:56 PM

    Massive positive change in the country in comparison to the former corrupt regime!!!

    Maya Thursday, 08 September 2016 02:00 PM

    MR and JO will be sad as the LC election is approaching fast.

    King Mihiraj Thursday, 08 September 2016 02:02 PM

    What about Ranil W ?

    Manel Friday, 09 September 2016 06:35 AM

    So this is the type of criminal the last regime appointed as supervising MP for the Ministry of Defense!!!

    Ashraff Nazim Thursday, 08 September 2016 02:10 PM

    EVERY ACTION HAS A REACTION

    Sim Thursday, 08 September 2016 02:11 PM

    All murder cases should be completed within an year. Justice delayed is justice denied.

    Suresh Hettiarachchi Friday, 09 September 2016 06:50 AM

    After a very long time, I can finally say that this news of justice being delivered makes me feel proud to be a Sri Lankan. As many have commented, Justice was delayed but not denied. Well done to the judicial system and the judges who did their duty. We need a lot more of these moral and ethical servants for the country. It seems after all that there is still much hope left after all for an ethical and peaceful Sri Lanka. and let me emphasize taking this incident as an example that, real peace is NOT just the absence of conflict, but the presence of JUSTICE !! May the Noble Triple Gem Bless Mother Lanka !

    Ravi Friday, 09 September 2016 07:15 PM

    I want to apply to the post of hangman.

    KOLA KOTIYA Thursday, 08 September 2016 02:12 PM

    IF MR WAS IN POWER HE WOULD HAVE GIVEN THE VERDICT FROM TEMPLE TREES. WONDER OF AISA

    VJ Thursday, 08 September 2016 02:30 PM

    The best news I have heard for a long time. I only hope the system will catch up with many similar criminals in the coming days. Justice will prevail.

    vimal Carlos Thursday, 08 September 2016 02:44 PM

    Dumminda has the chance to put other in troubble for lower sentence. I am sure a kudu guy from Negombo and some other people are pretty scared now.

    Pathman Friday, 09 September 2016 08:17 PM

    This judgement is from Almighty. Good lesson to other people who are misusing Power.

    NP Thursday, 08 September 2016 03:06 PM

    Do you think he would have got this sentence if Hirunika wasn't involved?

    p Thursday, 08 September 2016 03:13 PM

    should not confine to damma deepa it should apply to any deepa. what is so damma about this island. there are still criminals murderers rapists and fraudsters here.

    King Thursday, 08 September 2016 03:14 PM

    She indeed will be happy. She finally received justice for her father's murder.

    perera Thursday, 08 September 2016 03:14 PM

    king mwhat about RW.DO ELABORATE

    Shadow Citizen Thursday, 08 September 2016 03:17 PM

    I wish they use him for the long awaited return of capital punishment it will set a good example ... and great marketing to send a strong message to all.. and televise it too... And give the public popcorn to enjoy the show

    Adwani Thursday, 08 September 2016 03:20 PM

    Obatuma ta mataka nethan Wella Sudda ta matakai

    QUESTION Friday, 09 September 2016 08:12 AM

    Is the main remark a "tongue in cheek" one. ?

    Imran Thursday, 08 September 2016 03:25 PM

    Very good move for good governance. Will see lot more judgment waiting for previous raja palanaya.

    hussain Thursday, 08 September 2016 03:28 PM

    finally a good news has arrived teach them a good lesson via DM Android App

    Jacoob Friday, 09 September 2016 08:36 AM

    Asoka, That term which I came across when I was in grade 4or 5 almost 50 years ago , had stiken in my mind involuntarily when I see the verdict. Everybody in this blessed island was good. If there is a will everybody can be good again. That's why I note " a ray of hope'. The world has advanced so much .. if we open our eyes first we ourselves can see that and realise what we have lost all these years!

    Adwani Thursday, 08 September 2016 03:33 PM

    He will appeal against the judgement and claim to be a victim because he too was injured in shooting,

    Nihal Amarasekera Thursday, 08 September 2016 03:37 PM

    I beg your pardon, tonna, can you repeat?

    appu Thursday, 08 September 2016 03:52 PM

    no need to wait to hang

    Justice to Duminda Silva Thursday, 08 September 2016 03:53 PM

    Duminda Uththamayaneni, today our hearts are broken. Everyone cries. But we are committed to safeguard you. If the local court is not sufficient, we will seek international judiciary. We will do every aspects to protect you thinking of the betterment of our future generation. We need your service, sir. We have no adequate words to describe the valuable service you have done to the society. God bless you! We are with you forever even if we lose our lives.

    Labby Thursday, 08 September 2016 04:03 PM

    Ok boys, lets lynch him up..Reminds me of the song; "Hang down your head Tom Dooley, hang down your head and cry..."

    Premalal Thursday, 08 September 2016 04:07 PM

    Going by the comments he couldn't have been a very popular guy.

    RUkshan Thursday, 08 September 2016 04:09 PM

    Gajini stunt haven't worked for Duminda this time

    OMG Thursday, 08 September 2016 04:10 PM

    Well said Danuka, well said.

    MC Thursday, 08 September 2016 04:11 PM

    This is divine retribution at its best,there are many others awaiting this same fate.

    RUkshan Thursday, 08 September 2016 04:12 PM

    Gajini stunt haven't worked for Duminda this time

    Silva Thursday, 08 September 2016 04:22 PM

    People are rejoicing because justice have been served. This is not a "misfortune", this is punishment for a crime committed. Don't get your wires crossed and preach stupidly.

    Sharon Thursday, 08 September 2016 04:26 PM

    Lets see what happens at Supreme Court. via DM iOS App

    Sri Lankan Friday, 09 September 2016 09:50 AM

    These are the mps foolish people choose. Pity they cannot be shot immediately.

    Johnny Thursday, 08 September 2016 04:49 PM

    This is what happens when one join the corrupt and bad company.

    Dayawathie Thursday, 08 September 2016 04:51 PM

    Don't get too excited people. This is Sri Lanka and I am not surprised if he walks free within few years, especially if MR and the clan come to power. Hopefully Rajapakses have learnt a lesson by now, why they loss the elections last time. This is one reason.

    Nihal Amarasekera Friday, 09 September 2016 10:08 AM

    He will be rightly welcomed by hallucinated inmates as a mark of gratitude.

    karsha Thursday, 08 September 2016 05:13 PM

    Always live with HOPE

    janika Thursday, 08 September 2016 05:19 PM

    Yes and the leaders as this thug is only foot soldier whose crime is nothing compared to them?

    Bala Thursday, 08 September 2016 05:28 PM

    Duminda already says mental problem - He cannot remember - he might enter Angoda hospital.


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