tip off

Craig Thomson isn’t going anywhere — innocent or guilty

Craig Thomson faces 150 fraud charges after being arrested today. But the ex-Labor MP will stay in Parliament for the duration of the trial — at least until he’s dumped at the election.

Craig Thomson’s arrest on 150 fraud charges will cause reputational damage to the Gillard government but is extremely unlikely to topple the 43rd parliament prematurely.

As Crikey noted last October following the last New South Wales Police raid, absent of a Thomson resignation there are at least five flaming hoops that would need to be jumped through — including a charge, a conviction and an unsuccessful appeal (or appeals) and a byelection before July for the independent Dobell MP to be forced off Capital Hill.

The much more likely impact is that preselected Liberal candidate Karen McNamara will more easily rein in Thomson’s 5.1% margin and snag Dobell — as expected — on September 14.

Under the constitution, an MP must leave Parliament if they are convicted of a crime that carries a penalty of over a year. But there is zero chance a Thomson trial, conviction and various appeals will be completed before mid-year — the last point the Coalition could legitimately argue that the government should call an early byelection that must be held, like a general election, between 33 and 58 days after writs are issued. The process can take three months from go to whoa.

On the floor of the House, where Labor has 70 MPs, it needs five of seven crossbenchers to pass legislation or four to defeat a motion with Anna Burke to break a tie. Thomson will rightly ignore Coalition demands that Labor offset his vote, with Tony Windsor, Rob Oakeshott, and Adam Bandt all but guaranteed to remain in the government column. As we wrote last year, assuming Peter Slipper continues to vote with the government, Gillard would still hold a 76-74 advantage in the House before the exclusion of the Speaker, or 75-74 with Burke in the chair.

If Slipper votes with the Coalition in a motion of no-confidence we’re getting closer to a new poll, although all indications are he won’t act to bring down the government. Andrew Wilkie has already said he probably won’t back any no-confidence motion unless it relates to a proven instance of sleaze.

Thomson is protected under the Parliamentary Privileges Act from appearing in court if the hearing is scheduled five days either side of a parliamentary sitting day or a meeting of a parliamentary committee — he’s currently on the House economics committee.

Thomson’s lawyer, former Australian Workers Union official Chris McArdle, told Sky News yesterday his client would plead not guilty to all charges “because he hadn’t done anything”. He says any money spent by Thomson during his five-year term as Health Services Union national secretary between 2002 and 2007 was done so “lawfully and in accordance with the rules of the union” and reiterated his client’s claim he had been setup by union rivals.

NSW Police appear to have tipped off a Channel Seven camera crew to the impending raid and humiliating “perp walk”, currently being beamed around the nation. McArdle says Seven cameramen were stationed outside Thomson’s Central Coast electorate office since 7am — suggesting the force’s savvy media unit was getting busy on the secret texts.

McArdle also questioned the amount of muscle present — five officers; two from Victoria and three from NSW — who walked Thomson to a nearby unmarked station wagon. The NSW fraud officers including Colin Dyson were acting on behalf of Victorian fraud squad detectives who commandeered boxes and handwriting samples from Thomson’s house last year and have been busy combing through the records of the former national office. Their burly presence was tailor-made for a media feast.

What were the other three doing then? Handing out press releases?” McArdle told Sky. The unit was certainly on the front foot: at 1.22pm yesterday afternoon, NSW police posted on its website a release eagerly informing the public an arrest warrant had been issued for a “48-year-old man” for “fraud against the Health Services Union”.

Thomson appeared in a Wyong court yesterday and will appear in the Melbourne Magistrates’ Court on Monday. But McArdle says Thomson won’t be “extradited” but simply travel to Victoria to appear, precluding any Mrs Petrov-style forced embarkations. He told the ABC his client has effectively been charged with “buying an ice cream” and told Sky that he’d spent $300 on ancillary expenses.

The VicPol-auspiced swoop will no doubt raise questions as to whether its separate probes of the Victorian No. 3 and No. 1 branches, previously controlled by Kathy and Jeff Jackson respectively, are close to completion, and if so, whether anyone else will face charges.

Here’s what Crikey wrote last October on the extreme unlikelihood of Thomson’s predicament leading to an early poll. With Julia Gillard anointing September 14 election day, an unlikely by-election would have to be called by July 10 at the very latest if it were to occur before writs are issued on August 12. And even then the opposition would still lack the numbers in the House …

  1. The constitution mandates an MP is banned if they are convicted of a crime that carries a penalty of over a year, regardless of how much time they are actually sentenced to. So, for example, if Thomson was ever convicted of fraud or theft under the Victorian Crimes Act he would be banned from federal Parliament because that crime is “punishable” by up to 10 years in prison. But an early exit from parliament would require a subsequent trial and all appeals would have to be exhausted.
  2. The other option is bankruptcy stemming from Fair Work Australia’s civil claims — that could (although probably won’t) attract penalties of up to $450,000. But as McArdle and industrial relations academic Andrew Stewart explained last year, those could well fail on a two-year statute of limitations provision, pending the outcome of an appeal in the Toyota Materials Case currently before the Federal Court.
  3. Assuming one or both of those bans eventuated, a byelection in Dobell would then need to be won by the Liberals’ Karen McNamara (held by Thomson by 5.1%).
47
  • 1
    Mike Flanagan
    Posted Thursday, 31 January 2013 at 4:52 pm | Permalink

    Sounds to me like a repeat of the Lynch inspired Kemlhani affair. Much ado about nothing and manipulation of the legal processes to advance an empty head’s ambitions.

  • 2
    Madonna
    Posted Thursday, 31 January 2013 at 5:22 pm | Permalink

    Sad to hear the news about Mr Thomson!
    What a turnaround, I thought ‘it’ was all behind him.
    After all, the case before the court is circumstantial until facts prove otherwise. Time will tell.
    I’m wondering if the PM was privy to this news about Mr Thomson and he was a catalyst to her ‘sudden’ election announcement?
    Nonetheless, it must be a horrible time for Mr Thomson’s wife and family with him back in the media spotlight.
    My perception is that he has vicious enemies in high places.
    Personally I hope he has a good Criminal Lawyer to
    successfully defend the allegations.

  • 3
    Mike Flanagan
    Posted Thursday, 31 January 2013 at 5:26 pm | Permalink

    Oh so true Sheperdmarilon but it takes irksome people to play in dietritus because they usually end up covered in it themselves.

  • 4
    Suzanne Blake
    Posted Thursday, 31 January 2013 at 6:57 pm | Permalink

    Interesting that Gillard announced an election date yesterday and Thomson arrested today and the Speaker could delay by-election, as date of Federal election is known.

    Gillard knew this.

    Jimmy from the spin office - well done

  • 5
    Patriot
    Posted Thursday, 31 January 2013 at 7:50 pm | Permalink

    Always amusing to see the mental hoops lefties can jump through to preserve their fantasy that everyone on their side is above reproach - corrupt, politically motivated detectives, vicious enemies in FWA and, of course, the amazing HSU ninjas who impersonated Thompson, stole in and out of his hotel rooms unseen and spirited documents and credit cards out of and into his possession at will.

    Still, this is good practice for lefties who will construct a similar conspiracy theory when Gillard is arrested and extradited by Victorian and/or Western Australian detectives over her role in the AWU fraud.

  • 6
    fractious
    Posted Thursday, 31 January 2013 at 7:53 pm | Permalink

    That Ch 7 (and presumably 9 and 10 and… pause… ABC) and Limited News were on the Thomson’s doorstep some time in advance of the NSW/Vic Polis turning up is, some assure me, happenstance. That the entire event took place right at the point Abbott was in the middle of the Q+A session of his NPC appearance is, I am told, pure coincidence. That the meeja scrum were there well before the last raid on Thomson’s residence is not, some insist, of any relevance whatsoever.

    So, nothing to see here, move along…

  • 7
    fractious
    Posted Thursday, 31 January 2013 at 7:53 pm | Permalink

    That Ch 7 (and presumably 9 and 10 and… pause… ABC) and Limited News were on the Thomson’s doorstep some time in advance of the NSW/Vic Polis turning up is, some assure me, happenstance. That the entire event took place right at the point Abbott was in the middle of the Q+A session of his NPC appearance is, I am told, pure coincidence. That the meeja scrum were there well before the last raid on Thomson’s residence is not, some insist, of any relevance whatsoever.

    So, nothing to see here, move along…

  • 8
    fractious
    Posted Thursday, 31 January 2013 at 7:55 pm | Permalink

    Apols for the double post, but my first attempt apparently vanished.

  • 9
    Sascha
    Posted Thursday, 31 January 2013 at 7:58 pm | Permalink

    Apparently a byelection does not have to be called in this time frame if the date of the general election is known.

    Any chance she knew yesterday that one of here mps was getting arrested?

    Any chance she didn’t?

  • 10
    geomac62
    Posted Thursday, 31 January 2013 at 7:59 pm | Permalink

    Patrat
    Your as delusional as that HSU spiv Kathy Jackson .

  • 11
    Patriot
    Posted Thursday, 31 January 2013 at 8:17 pm | Permalink

    Police are going to throw Gillard in gaol like a common criminal. Some advice for her - if they wish to perform a manual body cavity search, ask for a petite Asian chick to do the honours.

  • 12
    billie
    Posted Thursday, 31 January 2013 at 8:30 pm | Permalink

    If the police are going to throw Gillard in gaol like a common criminal then I would suggest the Westminister system of government was no longer operational in Australia.

    Its not a criminal act to thwart the Liberal’s aspirations to form government

  • 13
    Steve Clarke
    Posted Thursday, 31 January 2013 at 8:44 pm | Permalink

    The truly disgusting aspect is the length of time all of this has taken to reach this point. Is it due to many people in legal and investigative positions spinning things out to maximise the money they can make out of it?
    The length of time has been unjust to both Craig Thomson and the HSU membership.

  • 14
    fractious
    Posted Thursday, 31 January 2013 at 9:54 pm | Permalink

    PetRiot has nothing of any value to contribute and is simply chucking burley around.

  • 15
    Patriot
    Posted Friday, 1 February 2013 at 2:06 am | Permalink

    Big mistake going with Young Blondes. He should have gone with Young and Naive Redheads. They have special rates for union officials and keep no records of their dealings with clіents.

  • 16
    shepherdmarilyn
    Posted Friday, 1 February 2013 at 6:19 am | Permalink

    STrip searching a man over credit card use is a wee bit over the top even for the moron NSW cops who think that zapping an innocent man 14 times won’t kill him.

  • 17
    MJPC
    Posted Friday, 1 February 2013 at 8:27 am | Permalink

    Patriot, now you have made the comment please support it with some facts as to why the PM would be thrown into jail like a common criminal; that would be why?
    Would that be without charges? As yet I haven’t seen a change in the government to a Stalinist model, but then again if the LNP win government, who knows.

  • 18
    Harry Rogers
    Posted Friday, 1 February 2013 at 9:02 am | Permalink

    Somebody mentioned the Westminster system. It doesn’t exist in Australia and never has both in Federal and State parliaments.

    The justice system also went down the tube during the Whitlam years when anybody could accuse anybody else of anything under privilege. The media wallow in the injustices and now the police have a PR department as they sell their souls for a 30 second spot on TV. Hung drawn and quartered these days …only trial by the populus.

    Its a long way up from the gutter when you don’t allow fair trials but Australia has a an unenviable history both sides of politics of turning the knife.

  • 19
    Madonna
    Posted Friday, 1 February 2013 at 10:01 am | Permalink

    Shepardmarilyn, I hear you and I’m incensed!!
    It’s not the first time these moronic’s clothed in government uniforms have done this.
    It’s systemic and has to be investigated.
    I would like to see more people speak out about this type of treatment and put a stop to it. These creepy crawlies should be monitored! What did ‘they’ think Mr Thomson was hiding in his orifices!! Oh and really 8 detectives to pick up Mr Thomson !Not a good Police><Publics PR message!

  • 20
    Hamis Hill
    Posted Friday, 1 February 2013 at 10:31 am | Permalink

    Putriot or perhaps more accurate Putridiot?
    But certainly not Patriot.
    The rightards have always claimed, as a minority, to be able to use deception as a means of self-defence against the majority.
    It is why they despise democracy, the rule of law and justice, even arithmetic.(Counting might reveal a minority ruling the majority in a desecration of democracy)
    If the minority rightards play by the rules they lose.
    Now what is the support for the Liberals again, one in three?
    Yet they will make the Prime Minister?
    Tell us Putridiot, SB et al, how all that works?
    Corrupt journalism and law enforcement and televised travesties of justice? Dumb people down with shameful education cuts?

  • 21
    philro
    Posted Friday, 1 February 2013 at 10:54 am | Permalink

    It just seems to much of a coincidence that all this happens on the first days of the election campaign, just another blow to the Gillard Government before even the campaign starts. When Gillard seems to have a bit of momentum going for her along comes the sleazy media circus again she just cannot win a trick.

  • 22
    GeeWizz
    Posted Friday, 1 February 2013 at 11:07 am | Permalink

    There are 2 possible scenario’s here:

    Scenario 1: Someone hacked CT’s mobile phone and made said calls to the establishments. They then also managed to know exactly what hotel room he was staying in and snuck in like ninja’s to make calls from his hotel room phone to said establishments. They also managed to spirit away CT’s credit cards and drivers license on multiple occasions slipping them out of his wallet going to said establishments and then returning them without his knowledge. Oh yes and did I mention they did a perfect impersonation of his signature. Oh yes and did I mention they were a splitting double of CT as they had to use photo ID.

    Back at HSU HQ’ers, CT had his personal mobile phone bills and hotel bills come in yet through gross incompetence managed to not notice all these dodgy phone calls listed on his bills. Hey, who wouldn’t forget whether you made phone calls from your hotel room or not? Being the National Secretary of the HSU he simply signed off on all of it. Not one phone call to the police about the dodgy calls. Not one call to the police about the dodgy transactions on his CC blls… just signed off the lot.

    Scenario 2:
    HE DID IT

  • 23
    Patriot
    Posted Friday, 1 February 2013 at 11:13 am | Permalink

    The conspiracy grows ever larger. Corrupt journalists in on it now, says Hamis.

    I’ve paid more for public education under Gillard and Rudd than at any time in the past. As I understand it we had an education revolution and some sort of outdoor covered concrete area was built for some kids somewhere with my money. Vive la revolution!

  • 24
    Suzanne Blake
    Posted Friday, 1 February 2013 at 11:33 am | Permalink

    @ GeeWizz

    With the ICAC Labor Corruption hearing and now two Craig Thomson Court appearance this month, the problem is that Gillard has no chance of oxygen and her poll numbers will collapse.

    This means leadership chaallenge is back as a possibility

  • 25
    Apollo
    Posted Friday, 1 February 2013 at 11:55 am | Permalink

    Funny that Patriot mentioned education. The weirdest thing I read today, this year Australia rank 2nd in education in the world behind guess who? Bloody New Zealand at no. 1.

    That’s in the Legatum Prosperity index for this year measuring economic activity, wealth ,social thingys etc.

    Australia is ranked 4th, Norway at 1st place with social capital and economy, Denmark 2nd and Sweden moved to 3rd place they are high in entrepreneurial opportunity and social capital. Australia is ranked 3rd in personal freedom. New Zealand is ranked 2nd in governance and personal freedom but come at 5th overall as the happiest country.

    Kiwi is ranked 1st in education and beats Aussie? WTF?

  • 26
    Apollo
    Posted Friday, 1 February 2013 at 11:56 am | Permalink

    Australia 4th as overall happiest country for this year on the prosperity index.

  • 27
    Wombat
    Posted Friday, 1 February 2013 at 1:53 pm | Permalink

    I think there is a much higher chance of a by-election; I’ve never seen a man put under the sort of blowtorch that Thomson has faced. The pressure, the smear, the shear hatred he faces on a daily basis, all because:
    1. he was dumb enough to do what every other union hack has done with union money.
    2. he was unlucky enough to get caught.
    3. he can’t resign because the Government is in a minority.

    I can’t help but feel enormously sorry for the man; and very fearful for his mental health.

  • 28
    stephen Matthews
    Posted Friday, 1 February 2013 at 2:53 pm | Permalink

    I have zero sympathy for this guy because his own lawyer has admitted :
    He told the ABC his client has effectively been charged with “buying an ice cream”

  • 29
    AR
    Posted Friday, 1 February 2013 at 3:14 pm | Permalink

    Oh nosies, the tedious trifecta, Putridiot, Whizzbrain & Orac have come out of estivation. Must have been that recent downpour.

  • 30
    Posted Friday, 1 February 2013 at 3:19 pm | Permalink

    WOMBAT: Well said.

    It puzzles me why the right-wing trolls-indeed a huge percentage of right-wing voters-live on hatred. It isn’t enough to dislike and/or disagree with the Gillard Government, they have to loathe and detest Julia Gillard. I’ll be fascinated to see their reactions when/if Tony Abbott gets into power and proceeds to drag Australia back to the 1950s.

  • 31
    shepherdmarilyn
    Posted Friday, 1 February 2013 at 3:31 pm | Permalink

    Meanwhile three pregnant Tamils are sick on Manus Island, children are being made ill, they have no water except dirty bottled water from Australia and human rights abuses and torture abound for no reason at all.

    The kids are forced to take medicine for diseases we alone exposed them to.

  • 33
    klewso
    Posted Friday, 1 February 2013 at 4:56 pm | Permalink

    If Thomson is guilty - fine - to the slammer please - with every other elected official that used their position and misused the funds of those they were elected to represent and chose to use that position for their own gain (including politicians).
    Maybe “Obeid Inc” can rustle up a spare bed, “next door”?
    Personally, I’m happy with that sort of perfect world - and those sort of examples set. It will help the building industry too.
    With any luck there’ll be some sort of detention for those that chose such soiled goods as candidates to represent, on the basis of a lack of investigation on what they were putting up.
    The end.

  • 34
    CML
    Posted Friday, 1 February 2013 at 6:02 pm | Permalink

    There are a few people on here who should answer the question, what if Thomson is innocent? Or have we regressed to the “he’s guilty because we said so” laws of the middle ages?
    Why don’t you all calm down and await the verdict of the courts? Oh!… I forgot. This is a political matter, not a legal one. Can’t have any legal niceties interfering with the rAbbott’s rise to his “rightful place”, can we?
    I am outraged by those who hold such views.

  • 35
    geomac62
    Posted Friday, 1 February 2013 at 9:08 pm | Permalink

    CML
    Notice how Ashby and his slander/harassment case has lost media space since the judge handed down his decision ? The appeal has gained about a 1$ compared to the amount before the case decided . If Thomson was a clear cut case he would have been charged long ago . The DPP has to be satisfied that the case has a chance of success . I think the timing and nature of Thomson being charged suggests political push rather than state DPP enthusiasm .
    One thing strikes me as very odd . Do all non violent people charged get a body search ? I find that very hard to believe . Every person charged though not yet having their day in court gets a body search . I,ve never heard of a drunk driver being strip searched or someone charged with assault . I have heard of of it once sent to jail but thats by warders not the cops . Stinks to high heaven , more so considering Reith and his sinecure in the UK to help him retire . Malfeasance with his phone PIN turned out to be a good move job wise .

  • 36
    klewso
    Posted Saturday, 2 February 2013 at 12:30 am | Permalink

    I’m looking forward to one of O’Farrell’s set being fingered.

  • 37
    CML
    Posted Saturday, 2 February 2013 at 1:35 am | Permalink

    @ geomac62 - I agree. Strip-searching “everyone”, regardless of their crime sounds very odd to me.
    Did you hear Fatty O’Barrel’s remark on TV? He couldn’t see what all the fuss was about as Thomson didn’t seem to have any problem taking off his clothes in front of strangers when he was, alledgedly, paying for s+x??!! Thomson has been reported as replying that he wants a public apology from FO’B, or he will sue him for defamation.
    These blo+dy coalition types just can’t help themselves!

  • 38
    David Hand
    Posted Saturday, 2 February 2013 at 12:34 pm | Permalink

    Fair Work takes about 3 years to investigate Thompson, then finds it “doesn’t have legal power” to hand information to police. Police finally charge Thonpson and as this item shows, his eligibility to sit as an MP will evaporate about the time writs are issued and parliament is dissolved.

    This is a deftly managed process of propping up Julia’s government that has worked extremely well. One can only admire the strategising, control, cooperation between so called independent authorities and the cabinet.

    It won’t save them on 14 September.

    I see the rats are already fleeing the ship NSW ALP style.

  • 39
    geomac62
    Posted Saturday, 2 February 2013 at 3:20 pm | Permalink

    I have a few rats for want of a better term . Vaille , Downer and McGuaran for starters and each with memory loss or incompetence in the Gippslanders case . Remember the equine flu fiasco ? That reminds me of the AWB inquiry which had no minister in the gun because the terms of reference .
    While I agree the timing is suspect I disagree with who knew what as it benefitted the libs not labor . Reith never got charged and he was a minister when he rorted the government . Like McGuaran he paid back monies ” known ” to have been fraudulently taken/misused .

  • 40
    blackdog
    Posted Sunday, 3 February 2013 at 1:08 pm | Permalink

    Thomson resigned the position back in 2007 didn’t he? And there was a FairWork investigation…now in 2013 he is arrested for fraud? If this was anyone else, in any other government or organisation - would Thomson have been arrested after this much time ie just in time to mess with the interests of political parties at election time?

    If/when people like Abbott jump on a popularity bandwagon with the MSM and coalition-favoured commentors, the principle is “innocent until proven guilty” - so anyone who wants to take potshots at Thomson or the Gillard gov’t isn’t respecting a basic legal principle that keeps our democracy and civil liberties safe. Do we want people like that running our country? Influencing decisions and our freedoms? NO!

    Of late there have been a few instances where dishonest politicians have kept their positions in gov’t - down here in Vic we had that whole police circus, with major players still in key positions, there’s Slipper and IF Thomson IS guilty we will see what happens there…anywhere else these people are treated like the scum they truly ARE, in politics it seems to be an asset with a get-out-of-jail-free pass…GEE…hmmmm…who do I vote for again…???

  • 41
    geomac62
    Posted Sunday, 3 February 2013 at 1:10 pm | Permalink

    CML
    Michael Williamson was not strip searched nor escorted by 5 cops to the police station . I,ll lay odds Mary Jo Fisher wasn,t strip searched either and she was a repeat defender with an alleged mental problem . Duty of care ? The let out for the cops it seems is that Williamson was granted bail while the police opposed bail for Thomson . The formality of bail was resolved after a short appearance before a magistrate . One would have to think the whole process was designed to get maximum publicity while humiliating Thomson . The alleged rapist accused of killing Jill Meagher got better treatment and protection from exposure by the police in Victoria . The same force along with colleagues in NSW afforded Thomson none . Blind justice and compliant police .

  • 42
    geomac62
    Posted Sunday, 3 February 2013 at 3:14 pm | Permalink

    CML
    Michael Williamson was not strip searched nor escorted by 5 cops to the police station . I,ll lay odds Mary Jo Fisher wasn,t strip searched either and she was a repeat offender with an alleged mental problem . Duty of care ? The let out for the cops it seems is that Williamson was granted bail while the police opposed bail for Thomson . The formality of bail was resolved after a short appearance before a magistrate . One would have to think the whole process was designed to get maximum publicity while humiliating Thomson . The alleged rap ist accused of killing Jill Meagher got better treatment and protection from exposure by the police in Victoria . The same force along with colleagues in NSW afforded Thomson none . Blind justice and compliant police .

  • 43
    blackdog
    Posted Sunday, 3 February 2013 at 3:29 pm | Permalink

    geomac I’m with you - abuse of power, and there must be some other agenda here, how many offenders are strip searched and what crimes have those, that ARE strip searched, been arrested for??

  • 44
    Madonna
    Posted Sunday, 3 February 2013 at 10:20 pm | Permalink

    Still seething at the thought of his treatment!
    I hope at the end of this ordeal Mr Thomson can sue for damages and recoup some of the losses incurred!
    It’s a waiting game now…

  • 45
    Edward James
    Posted Wednesday, 6 February 2013 at 2:24 pm | Permalink

    If you are passed into the custody of Prisons Officers they do do strip searches. Get over it! Edward James

  • 46
    geomac62
    Posted Friday, 8 February 2013 at 3:10 pm | Permalink

    Ed
    About 16% get strip searched . Surely a shop lifter should be thoroughly searched as hiding goods is the method of theft but no strip search for Mary Jo .

  • 47
    geomac62
    Posted Friday, 8 February 2013 at 5:11 pm | Permalink

    The Commissioner’s own Instructions indicate that:

    Police are not to strip search a prisoner unless the seriousness and urgency of the circumstances require and justify a more intrusive search of the body;
    Police are not to strip search a prisoner unless the prisoner knows in substance the reason why the strip search is being undertaken;
    Police are not to search body cavities; and
    Police should only conduct a strip search at the time of arrest after reasonable grounds establish that there is a need for the urgency of the search.

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