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Dublin: 15 °C Monday 20 May, 2013

Judges ‘need guidelines’ for sexual assault sentencing

The Dublin Rape Crisis Centre said today that giving a man found guilty of sexual assault a fine and a suspended sentence “doesn’t give out a good message”.

Image: Sasko Lazarov/Photocall Ireland

THERE SHOULD BE guidelines for judges when it comes to sentencing for sexual assault, the Dublin Rape Crisis Centre said today.

Its chief executive, Ellen O’Malley-Dunlop, said that the DRCC believes that judges need guidelines when sentencing following two recent cases where men received suspended or partly suspended sentences and were ordered to pay the victim compensation.

O’Malley-Dunlop said that “a lot of people are calling the 24-hour helpline very upset” by yesterday’s sentencing of a 29-year-old man for a sexual attack on a 17-year-old girl.

He pleaded guilty and the Irish Times reports that Judge Martin Nolan imposed a four-year sentence which was suspended in full on a number of conditions, including that he pay €15,000 to his victim within one year.

“What we would say is that it certainly doesn’t give out a good message that justice has been delivered,” said O’Malley-Dunlop. She said that the perpetrator will not go on the sex offender list, and:

If he were sentenced to prison, at least he would have rehabilitation available to him, because of rehab programmes available in prison. Prison is not just about punishment, it is also about rehabilitation.

The DRCC chief said that the sentence was “very worrying” and that the teenage victim “really exhibited amazing courage in following through with the criminal justice system”.

O’Malley-Dunlop said that it is important that judges have guidelines on sentencing sexual assault cases, and that the DRCC is calling for these. “It would really be helpful to avoid this sort of [situation],” she concluded.

Sentencing

Meanwhile, a report from Coyne Research says that 69 per cent of the adults surveyed rate the Irish judiciary ‘poorly’ on sentencing. The research was conducted in August.  The highest negative ratings were recording amongst men (74 per cent rating poorly) and those aged 55 + (75 per cent rating poorly).

The Dublin Rape Crisis 24-hour helpline number is 1800 778888.

Read: Dublin Rape Crisis Centre welcomes appeal of Anthony Lyons sentence>

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Comments (84 Comments)

  • suspended sentence for a cash payment?! Im sorry but if i was the victim id rather see the animal behind bars.

    Reply
  • Use the same guidelines as Germany or France. Even the UK. I am sure our judges would impose harsher sentances if it happened to their child.

    Reply
  • so the judge is pretty much treating this girl like a type if prostitute. pay her for sex…. despicable

    Reply
    • Alan

      That’s a bit unfair. I went to the trouble of seeking information on this case and it is rather an unusual one so I would have to say that the Judge clearly saw things differently to the way people are expressing themselves here. For example the assault was carried out in the presence of a male friend of the girl who tried repeatedly to push the attacker away. This clearly suggests the perpetrator had a psychiatric issue whether caused by drugs or by nature and immediately the case seems less than straightforward.
      We often jump to conclusions in Court Cases without having all the facts that come before a judge.

      Reply
    • Paddy, the fact is he was found guilty no matter what he was on he should not be able to pay his way out of it.

      Reply
    • Sorry, didn’t mean to say rape. That should say sexual assault. Journal, please introduce an “edit comment” option.

      Reply
    • Was my comment removed because I said “rape” instead of “sexual assault” even though I corrected my mistake immediately?

      Reply
    • Aoife Barry 18/10/12 #

      Hi Andrea – yes it was, do you want to repost it? If you like, I can send on the old comment with the word rape replaced with sexual assault, and then you can repost it?
      Thanks
      Aoife

      Reply
    • Aoife Barry 18/10/12 #

      Hi Andrea, I replied within 2 mins of your comment and also emailed you, as you can see I did answer your question almost immediately.
      Aoife

      Reply
    • Yes please, I’m on a Tablet so the message doesn’t save. Thank you Aoife.

      Reply
    • Can the Journal not repost it?

      Reply
    • Aoife Barry 18/10/12 #

      I can’t repost under your name I’m afraid.

      Reply
    • Paddy – in the absence of me having looked into the case, could you please clarify something for me about your comment?
      You say that the girl was with a male friend who repeatedly tried to push her attacker away, and that this shows her attacker was mentally ill.

      Did you leave something out there that indicated the mental health of the attacker? Did the court papers say that he was mentally unstable and you left it out by accident or is this your assumption based upon these actions alone?
      I’m just finding it hard to make sense of, if his metal illness was serious enough to be used to avoid jail time then would it not be sufficient to waive him of all responsibility – including the €15,000 compensation? If he were that mentally ill surely he would be in receipt of disability benefits, in which case he wouldn’t be able to procure this amount of money in a year..

      It’s great to see that you think pursuing a woman who has made her rejection clear is a bit insane, but I’m afraid that there are a small minority of males out there who have serious issues with being told no. Pushing them away doesn’t stop them, they take that as playing “hard to get” and only serves to make them more eager. Let me tell you of my experiences in Dublin nightclubs in the not so distant past.
      I like to dance, not much of a drinker so I would spend most of the night on the dance floor. I would spend roughly half of my night rejecting unwanted physical advances, by this I mean guys coming up behind me, putting their hands on my hips and trying to rub their crotches against my backside.
      For some all it took was a dirty look to get rid of them, others were far more difficult, and many got a knee in the nuts for refusing to let go – or thankfully the bouncers spotted what was happening and escorted them from the premises. Funnily enough, this never happened to me overseas, only in Dublin clubs, it really put me off going out over here.

      The majority of men are better than that, and don’t just go up and grope random women thinking it will get them laid (oh dear – what if this approach works on some women? Then I’ll have to be just as irate at them for encouraging it!!) but there are those who do, does it make them mentally ill? No, mentally insufficient? Yes.

      Reply
    • Never mind Paddy, I see further down that someone has mentioned intoxication..
      Still no excuse.. I’ve taken LSD, I’ve also taken ketamine, neither gave me the impression that it was ok to go up and interfere with another person in such a violent way, because I don’t think that’s acceptable and never have. If he did it, and has previous convictions for non sexual assault, then that merely indicates that he does not see any problem with assaulting another to satisfy his own urges. The drugs are not an excuse, they don’t change you that much, they may exaggerate aspects of the person, but they don’t turn you into a *different* person. They just exaggerated his lack of respect for other people’s boundaries. Which seems to be more common of alcohol consumption that LSD or Ketamine consumption, and *still* not a valid excuse.

      Were the judiciary this ignorant to the effects of these drugs? Could this be why their sentence was so badly skewed?

      Reply
    • some years ago I was called out in my professional capacity to attend to a16 year old rape victim , whom they said they (the police) were looking after till I arrived to pick her up for medical and psy., help.
      when I arrived at the Police station and asked to be show in to the room where my client was being cared for!
      They showed me into a Cell where she was sitting on a cement floor, no bench, no rug, no mug of coffee, no one sitting with her holding her hand.
      There was a group of Coppers out in the back yard having a fag and a laugh.
      I will never understand or accept from the Law Keepers/makers and protectors of the defenceless their disregard for the victims.

      Reply
  • Very reasonable request

    Reply
    • If someone attacks me ….I am The Only One Who Can Decide what justice to dish out in return and I will, without the intervention of the so called legal system. If you tackle with me …you get what I think you deserve.

      Reply
  • Surely there’s some sanction on judges who hand down sentences like these. That poor girl must be devastated that she wnt through the ordeal a trial entails for this result. It’s a slap in the face for justice. I’m writing to my TD and the courts to conolaim. If enougb of us got together and enailex

    Reply
    • The judges can only go so far as the sentences prescribed by common law, equity or the relevant statutes allow them, to circumvent these and hand down sentences based on what they think is right or what the public want would be a gross abuse of their power and position. If you want harsher sentencing then lobby your local TD about legislating for this.

      Reply
  • You can’t treat every case the same, there are various degrees of viciousness to assaults like that. But I definitely think you shouldn’t be able to buy your way out of them

    Reply
  • That’s disgusting. Hopefully the DDP can appeal the lenience of the sentence?

    BTW I believe this is the same judge who jailed the garlic man for 6 years?

    Reply
  • Here are the thoughts I’ve had.
    1. The introduction of € compensation at ANY level turns this into a transaction – sex for money, and provides support for the rape enabling view that every woman has a “price.” A sexual assault victim is not a sex worker!
    2. It must make the victim who bravely took this to court, feel shamed and demeaned and dehumanised – also a huge disincentive to anyone else contemplating a court case.
    3. It must make the attacker feel like what he did wasn’t really so bad – little disincentive against re-offending – especially now he’s learned what “works” as a cover story – get a load of drink & drugs in ya and go out and do what you like.
    4. Other rapists, abusers will find comfort in this for their future prospects, while future targets will have cause to fear, not only the attacker, but the collusion of the justice system.
    5. It has this Old Testament flavour to it – from the same school of thought that saw nothing wrong with urging rapists to marry their victims “to make it right.”

    I personally feel endangered and diminished by this judgment and hope it will be appealed by the DPP.

    Justice must be SEEN to be done. Let’s see it.

    Reply
    • Well Said! I would also like to know who put a price on this girls suffering? Is there going to be a pricing system now to the level of the assault?

      Reply
    • Amen. I’m absolutely appalled that any person of authority in the Irish judiciary thinks it suitable for a rape/assault victim to be “compensated” financially. Since WHEN has this become acceptable? It’s demeaning, despicable and sends a terrifying message that these monsters can buy their way out of jail.

      Reply
  • Well there’s only one thing for it.

    I’m going to take ketamine, lsd and booze, then kick the shit out of a judge, seeing as it’s a valid excuse.

    Reply
    • Buying your way out of a conviction is normal in the District Court eg give money to some charity. This is just extending an immoral practice to the higher courts.

      How much will the Supreme Court charge when it reaches them?

      Reply
  • Sorry my comment went through before I was finished.
    Was going to say that if we all emailed our TD’s and the Judiciary maybe they would take notice – hopefully.
    And aplogies for all the typos!

    Reply
  • mister 18/10/12 #

    Agreed, the idea that somebody would NOT do jail time for any form of sexual assault is incredible to me. Introducing a financial compensation in lieu of imprisonment is a very slippery slope and hardly serves as a punishment.

    Reply
  • Cheque book justice is symptomatic of a corrupt society. The message sent by this (second!) instance of cheque book justice in relation to sexual assault cases in Ireland is that Irish women no longer have the right to decide who may touch them and in what manner, provided the perpetrator has a fistful of cash and a good enough sob story. BTW, did anyone tie this guy down and force the drink and drugs down him? Does everyone who drinks or takes drugs go out and sexually assault young girls? No, they didn’t and they don’t. Predators belong behind bars, whether it was the drugs or the leprechauns who made them do it.

    Reply
  • Eh….its ”add a comment” not ”publish a thesis”

    Reply
  • Our Crim Law Lecturer actually mentioned this last year, the Law Reform Commission has recommended changes on the foot of appeals from the Rape Crisis Centre, but proposals never come to fruition in this country…

    Reply
  • Judges have no accountability! Disgrace

    Reply
  • Judges are appointed here too, not elected

    Reply
  • Training and education? What do you call years of deciphering case law from the Irish and Commonwealth jurisdictions? People need to get over this ‘us v them’ mentality. Its the same story with the bailout. If you’re not happy with it, make an informed decision, get out there and DO something about it! Like the lady above who said she would write a letter to her local TD. Its the same story for everything, we just sit back and complain and hope that the big guys with the ‘wigs at the bar’ will sort everything out eventually. I mean tomorrow you’ll forget about this report and move on to the next big scandal. The DPP will definitely hear an appeal of this case, and it will be the solicitors, campaigners, barristers, support groups that will stay with this girl in the end. You can’t just zoom in on one appalling judgement and start deriding every judge in the country. It has to be said however, there needs to be serious legislative changes with regard to sexual offences.

    Reply
  • I wonder how much it costs for murder…
    Both, the Judge and the Law is an Ass.

    Reply
  • they need a good kick up the arse

    Reply
  • Elected judges. Accountability to the people

    Reply
  • sexual attacks and abuse aren’t new to this country, but you would think by now when you are found guilty you get punished. But then again we live in a country where having a record of more than 350 abuse offences gets you 6 yrs with the last 2 suspended, Fr Ivan Payne . wonder what hes doin now . sicko

    Reply
  • “Judges need Guidelines” Now where have I heard that one before.
    The thing is ; Judges need training and education, something they don’t get in this country because it’s cronyism at it’s best.
    Wigs all around for my learned friends at the bar.

    Reply
  • The judge is essentially saying that it’s not that big a deal to sexually assault someone. Sick

    Reply
  • Paddy.
    what did you really mean to say ?? because I am sure any person who cared could not say what you just said.
    I don’t care if he was a blind one legged drunken sailor who had had a lobotomy , he still committed sexual assault.

    please tell us what you were trying to say ?

    Reply
  • some facts of the case are, The girl in question was totally innocent and suffered a terrifying attack.
    Griffiths was on LSD, Ketamine, Alcohol,
    He attacked her in a chip shop first in full view of others, when she left with the male that was with her, Griffiths followed her and continued his attack outside on the street in full view of many, pulling buttons off her clothes and groping her through her clothes, until he was pulled off her.
    The gardai that gave evidence at the case said that he was completly coperative and remorseful when he sobered up.
    Griffiths has not used any alcohol or drugs since he attacked this girl.
    He has past convictions for assault over 10yrs ago (not sexual)
    I’m not agreeing or disagreeing with the sentence but Griffiths is not on the same scale as a sexual predator who selects a victim and plans an attack,
    however I’m not minimising what the young girl was put through and thankfully it was in a place where there was help available for the girl

    Reply
    • Not being a serial rapist is not enough to merit a lenient sentence! Why give a sentence like four years and then suspend the whole bloody thing? It means absolutely nothing! And this trend for giving money to the victim is sick. Why the hell would she want his money? It’s tantamount to bribery and incredibly belittling!

      “Here love, buy yourself something pretty to get over the traumatic and violent violation of your body that you just experienced. Btw, the guy isn’t going to jail.”

      Not to mention the fact that no counselling was ordered meaning that if he is a serial rapist in the making nothing will be done to stop it.

      Reply
    • @Stephaine, there was reports from psychologists and counsellors

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    • But no counselling was ordered as part of the sentence. And all of my points still stand. The man deserves to be in jail.

      Reply
    • That is why we have independent judges, So they can make an assessment on a case by case basis, the likelyhood of reoffending etc. I’m not saying he shouldn’t have been jailed but the judge has all the facts and evidence in front of him to make that decision

      Reply
    • In my opinion and apparently the opinion of many others here and certainly that of the RCC, this man’s judgement of the facts he has in front of him is very, very poor. This is not the first time he has done this.

      Reply
    • That’s the point Stephanie, you havn’t got all the facts so how can you say the judges assessment of them was very very poor.
      I really really don’t want to be defending the indefensible and perhaps he should have been jailed but it is good to look behind the headline
      As someone who works with abuse surviors I am very aware of the long term pain caused

      Reply
    • If you’re right and I’m missing some facts then surely we would see more of this kind of sentencing from other judges in other cases. But we don’t. Why is this guy the only one?

      Reply
    • Tom, all we can say for sure is this the first time he’s been caught.

      Maybe it’s not out of character, and he’s usually more subtle?
      Not everybody who gets out of their bins tries to rape somebody, what compelled this guy?

      Is there any evidence for saying ketamine or lsd make you rape people? First I’ve heard if so. Ketamine teds to make the user as helpless as a newborn lamb. LSD amkes you hallucinate, but I’ve never ehard it conencted with rape.

      As for alcohol, well, there’s nothing special about a drunk man raping somebody.

      And ultimately, how do his circumstances make the crime less damaging to the victim?

      Reply
    • Damn that’s a lot of typos. I’m not on ketamine, promise.

      Reply
    • That’s a bit like asking for a bank robber not to be jailed because he hasn’t robbed any banks since being caught for the last bank robbery he did.

      If this had been plain assault -beating the hell out of an innocent woman or man for no reason – without the sexual aspect, would you be so quick to defend this guy?

      Reply
    • Daisy who asked for him not to be jailed ?

      Reply
    • From the Indo:

      The court heard that Griffiths first approached the girl in a chip shop in a Dublin suburb but she pushed him away. He then grabbed her a second time on the street outside but she got away again before he grabbed her a third time.

      This time he pushed her against railings and sexually assaulted her before he dragged her to the ground by her hair and pinned her by lying on top of her.

      Griffiths ripped the girl’s clothes in an effort to get them off her. During the attack her male friend was trying to get him off the victim.

      After his arrest Griffiths told gardai “I wanted to make her feel inferior because I am not on the same level emotionally.”

      Think you left out a couple of bits there Tom!

      Reply
    • That’s right Linda, he said that, while out of his head on drugs and in his defence he has not used since that night & stephaine he has been attending counselling, his counsellor gave evidence, None of which I am saying means he shouldn’t have got jail, just that he was genuinely remorseful and ashamed of his actions. The Guard that gave evidence also said the same

      Reply
    • Red thumb away, while it is black and white that the poor girl was completly innocent and should have a right to see justice done, If you actually look at Griffiths (past the headline & his despicable act that night) you see someone who seems to genuinely regret his actions, Anybody who knows anything about LSD knows that it can and does completly alter a persons character, I know it was his choice , but it was a mistake that he has to live with.

      Reply
    • You’re right. He does have to live with it. But living with your actions involves taking responsibility for them. Voluntary intoxication is not and never has been considered an excuse for leniency in an action.

      I’ve seen countless rape trials (it’s what I do for a living) and if I had a penny for every person who during sentencing pulled out “I NEVER would have done that when sober”

      Reply
    • Nick if every case is the same why do we bother having court cases to hear the facts, this man pleaded guilty, so in your black & white no need to hear any evidence or facts around the case as every offender is exactly the same…………….

      Reply
  • Well : …. this does look like a Q.E.D. proof that hard times affect everyone (there).

    After all, everyone has children, they have (hypothetical) mortgages,

    and children of their own too. And they have mortgages. Have you seen the size

    of the mansions on your islet? And, then there’s the overseas private sch-

    -ooling in the boarding houses. It all adds up and pretty quick too. The

    tallest, some cultures say, fall the hardest.

    Especially in a land where there exists no written legal-code?

    Couldn’t be easier really. Or could it?

    — ON THE SUBJECT —
    Drugging, abduction & rape, just like that described in An Toraíocht

    (Diarmuid agus Gráinne), well:

    it all seems almost as though the Gaelic revival of the 80s & 90s ‘promoted’

    and even makes all of this misbehaviour and a-social tradition and practice

    toward “the female”, as are singled-out in your bundes recht na hEireannach (1938AD),

    to be of some kind of non-consequence? Like, “whoops, I knocked you around and

    then I ‘slipped’ya one’. Wasn’t me, ’twas d’evil drink; y’know? BTW here’s 2 grand for the

    ticket to upta Belfast”.

    THE 80s AND THE 90s {was it any different from then, or now?}

    That was a time in the republic when much of this mystical BS (as translated from the

    surviving German texts, promoted in the 19th Century) was being physically beaten-into

    the corporeal bodies of shire boy-folk like me growing-up. Most visitors to the shire will

    not realise that its school-system operate –for the most part– apartheid regulations

    for the young men (and equally for those others) to be educated in a manner fit to

    their purpose in their lives that lie ahead of them. Even the Protestants don’t have a

    predestination and pre-ordination ethic that comes anywhere near the Shire’s.

    Does any of the man-folk there recall that time? The revivalist nationalistic-republic of the late

    20th century — on your islet over there — located at the edge-of-European Time Zones?

    Looking at the republic now, and realising that most of the actors in the various state-operated

    news-media information services are grey-haired, I wonder if they too were physically beaten

    all around their bodies as they were being force-taught the revivalist Gaelic traditional storyline?

    just like An Toraíocht : if there ever was one, a story that encompasses rape, forced abduction,

    violence costing hundreds-of-lives, more rape, more abduction, sorcery, betrayal, lying like you’ve

    never ever heard it before, and large doses of beatings in the classroom while the lessons were

    being given to the young boys present? Their ‘pupils’?

    And then, at age 18 or 19, these young men are told: ‘Welcome to University, where you can now meet

    and converse with your island’s woman-folk’. http://www.scoilnet.ie/womeninhistory/content/unit6/opposition.html
    X – X – X

    The millennium mark has come and gone, but I’ll warrant not much else has altered other than the

    date on the castle walls. Even Mr Flat Penny is still on the airwaves, and has expanded his TV-pay too!

    Can anyone get any ‘gray’r; than he? Where have his pals Mr Gold-Standard Man and Mike Murphy gone?

    Do you have youth over there? And, are they considered as equal (in terms of being human) as

    superstars like Mr Spend’a Penny & Mr Flat Penny? Maybe ‘that’ ought to be on your scoilnet curriculum?

    After all… Ehman Killmore : it’s no good shutting down diplomatic relations with the German Shepherd,

    and informing everyone the world-over that your (sexual) disregard for the *unconfirmed* RK-Irish non-children

    (past and present and future) is buried, buried somewhere very, very deep and safe in the catacombs below

    the City of the Seven Sins… and that everything in the shire will be a-OK from that day on, because of the

    detachment expressed by the Irish political male classroom-attendants (In Molesworth St. grammar school)

    to all things true, regarding the sinister and generational crises that can be caused by a culture being

    given to generational sexual abuse (as a mark of what that culture represents): be that in Mayo, in

    Ballinasloe, or on any show.

    Listening to the brutality and shocking anti-humanity put on display this week on “his” program, the

    Today show, Flat Penny sent out a clear signal to the in-the-plus countries, a ‘shocking signal’, that

    these countries (their peoples) since 2008, have been unwittingly funding, underwriting and supporting

    a regime of brutality & torture over there on your islet, ……. by (as countries with a few bob left) giving

    Your People (there’s only one name for ye lot internationally) a ‘sub’ on all your salary payments, so as

    to keep those institutions of brutality in operation? How many other awfully shocking practices have

    been financed and underwritten by our countries’ hard-working tax payers? Where is this going to

    end Irish (nation)? Do you have leaders, and who put them there. To do what exactly? Did you have

    an agreement with these people you placed into Uber-Power, before you put them there? Or do they

    just play it along, as the money and the offers of riches roll in, once they have ultimate power in their

    hands? (& We are talking far-more power than ze Germans would ever relinquish to théir Angel) a.

    Do none of you realise that? Are the European Courts also to foot the bill for these tortured-Irish

    human beings to obtain some kind of redress? Or any dress? After all, we already know that any

    funds Mr Shatter’d expends, well: we all know who is paying for that? So either way? What is the

    ‘dividend’ in continuing at-sea with ye? Ask your selves that. Not each other, no. Ask your-self: i.e.

    Try to look yourselves in the mirror too, as you do. See if you can see that ‘pupil’, standing there

    looking back at you.

    ~):(~

    Reply
  • I don’t think this is funny but, it’s got to be said….
    I am saving up to rape the girl down the road, wonder how long it will take.
    Maybe I can get a loan from one of the banks I now have a share in.

    Reply
  • Stop discussing the technicalities ot the case. The man was found guilty of the crime and was given the option to buy his way out of jail. Irish prisons are obviously not good enough for the rich. Nothing has changed in Ireland. Money talks!
    Only the poor will be jailed in the Land of Saints and Scoundrals!

    Reply
  • Why was my comment removed?

    Reply
  • actually even going back to 1990 social workers and priests trying to enforce adoption on single women.. and lousy doing it the way they work.. seems single women and people subjected to horrors or pimped out or used by whomever are just deemed as not worthy or unwanted or a nuisance unless hitched stitched and towing the line and bring in the taxes…

    people who go through these issues get shafted daily in this country and elsehwere..when problematic just thrown to the curb…

    Reply
  • one of the most interesting sites is the european guide to all sorts of these issues…

    i think its epa.gov or something…

    as you would also know most of the government politicians are either ex lawyers bankers or doctors or you know .. the usual bunch of business heads..

    hmmmmmmmmmmmmm off topic..

    interesting to see human rights history in this country and also the cover ups of the catholic church in relation the magdalenas.. interesting exhibition in temple bar in relation to the information related to adopted children and the loss of files going back to prevent the history being know .. here as well as in spain.. and elsehwere. states .. other places … take your pick…

    Reply
  • the irish state constitution is a fraud and not only that the high court judges have it stitched to protect their own and those elected..

    if you go through it with a fine tooth comb … youll find where theyre are issues….

    interesting if you do the research..

    id be done for slander but as it is.. you have to understand who and how it protects at the end of the day

    Reply

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