Categories
US

Does Apple River stabbing suspect have a strong self-defense

An attorney who fought for acquittal in a different Wisconsin stabbing self-defense case finds challenges for both sides in Nick Miu’s case.

HUDSON, Wis. — Four people continue to recover after being stabbed on the Apple River over the weekend.

The suspect told police he acted in self-defense in the incident that killed 17-year-old Isaac Schuman.

And that’s had a lot of people asking: Does Nick Miu have a valid self-defense claim?

The details of what led up to the stabbing are complicated, and ultimately, it could come down to if Nick Mui had the opportunity to walk away before he began stabbing.

Details of the fatal Apple River stabbing — laid out in the criminal complaint — paint a chaotic picture.

“If I were his lawyer and were raising a self-defense claim, I would point out the fact that he, being called names, that he felt intimidated by multiple people — that he was somewhat surrounded or felt like he was surrounded. There’s certainly evidence, video evidence, of him being pushed, punched — things of that nature,” said Twin Cities defense attorney Eric Nelson.

Nelson successfully represented a client in a high-profile stabbing self-defense case in Wisconsin in 2015. The case ended in acquittal on all counts.

Nelson said the details in the Nick Miu case are more complex. And despite Miu having a self-defense claim, Nelson points out problems with that claim.

“The most notable thing, in my opinion, is there are several references [in the criminal complaint] to ‘route of egress,’ or his ability to flee the situation,” Nelson said.

According to the criminal complaint, video evidence “shows opportunity for Miu to leave the confrontation.”

Nelson said Wisconsin essentially has a duty for someone to retreat, if possible, before using deadly force.

There is another detail that would hurt a self-defense claim.

A woman involved in the confrontation told police “what started the physical assault was Miu punched the woman.”

“You can’t claim self-defense if you’re the first aggressor or you’re engaged in unlawful conduct that provokes another to assault you,” Nelson said.

That punch is apparently not caught on the bystander video, which is not publicly available.

Nelson predicts it will be a complicated trial.

“There’s a clear self-defense claim established. It’s not a perfect one. But also, the state’s going to have some problems with their case too,” Nelson said.

Miu still apparently has not hired an attorney. There is a short hearing scheduled Friday to determine what his plans are, then the next substantive court hearing is scheduled for Friday, Aug. 12.

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Categories
Business

Geelong building company Norris Construction Group collapses owing $27m

A collapsed Victorian construction company has $27 million in debt and owes $3.2 million to around 140 staff that it is unlikely to be able to repay, according to the liquidator’s report which revealed what went wrong.

The Geelong-based company called Norris Construction Group, which included seven associated companies, went under in March with KordaMentha appointed to handle the liquidation.

Its report, which was filed with the Australian Securities and Investments Commission, revealed the range of reasons for the company’s failure.

It included the “misprising of projects” and a “crisis of confidence” experienced by the business during lockdowns in Victoria between March and October 2020 resulting in projects being tendered at “very low prices”.

This resulted in “heavy losses” on a very large number of projects, the report to creditor’s said.

It also outlined “cultural issues amongst the executive team leading to staff losses and staff turnover” as well as hiring new staff on “high remuneration packages”.

The pandemic also contributed to the company’s demise, as well as “noncompliance” with lodging statements and returns with the ATO and unpaid taxes, alongside “insufficient working capital” to meet its short term obligations.

The company had completed work on the Manufutures hub at Deakin University and the Marngoneet and Chisholm Road prisons and worked across Melbourne and southwest Victoria.

Millions owed to employees

From the overall group, 235 former employees are owed $4 million in wages and entitlements but will have to rely on the federal government’s Fair Entitlements Guarantee (FEG) to get their money back.

However the scheme, which is available for employees of companies that become insolvent, caps back pay and does not pay superannuation.

Aside from the $3.2 million owed to employees of Norris Construction Group, there was between $187,000 and $277,000 owed to 235 staff from the overall group including wages, redundancy payouts and superannuation.

But KordaMentha partner Andrew Knight said four out of the five companies that employed staff had “insufficient” assets to pay back the money owed.

“We understand that for four of the five employing entities, FEG has processed and paid over 90 per cent of the employee claims,” he said.

“FEG is still working on claims in the fifth entity, Norris Construction Group, which are more complex due to the quantity of claims as well as the relevant Award which applies to these employees. We estimate the majority of these claims will be resolved and paid within the next month.

“Unfortunately, there are some entitlements that are not covered by FEG, for example superannuation and amounts in excess of caps, and payment of those are dependent on the outcome of the liquidations.”

While an auction of the company equipment and assets in May raised more than $17 million, and is expected to paid to Westpac, the bank will still suffer a “shortfall”, said Mr Knight as its owed $22 million.

The ATO also has an outstanding debt of $5 million, the report revealed.

However, the ATO debt was unlikely to be repaid, Mr Knight added.

“The amount due to the ATO is unsecured, and given the likely shortfall to the employees and the secured creditor, it’s unlikely unsecured creditors including the ATO will be paid a dividend,” he said.

The creditor’s report also flagged it was investigating any potential offenses of director’s duties including trading while insolvent.

construction crisis

Overall, the construction industry has been plagued with a spate of collapses caused by a perfect storm of supply chain disruptions, skilled labor shortages, skyrocketing costs of materials and logistics, and extreme weather events.

Earlier this year, two major Australian construction companies, Gold Coast-based Condev and industry giant Probuild, went into liquidation.

Victorian construction companies have been particularly sensitive to the crisis.

Two building companies from Victoria were casualties of the crisis having gone into liquidation at the end of June, with one homeowner having forked out $300,000 for a now half-built house.

Then there have been smaller operators like Hotondo Homes Horsham, which was also based in Victoria and a franchisee of a national construction firm – which collapsed earlier this month affecting 11 homeowners with $1.2 million in outstanding debt.

It is the second Hotondo Homes franchisee to go under this year, with its Hobart branch collapsing in January owing $1.3 million to creditors, according to a report from liquidator Revive Financial.

Snowdon Developments was ordered into liquidation by the Supreme Court with 52 staff members, 550 homes and more than 250 creditors owed just under $18 million, although it was partially bought out less than 24 hours after going bust.

Others joined the list too including Inside Out Construction, Solido Builders, Waterford Homes, Affordable Modular Homes and Statement Builders.

The most recent collapse was NSW building company Willoughby Homes, which went into voluntary administration last week, leaving at least 30 homes in limbo.

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Categories
Technology

Smart irrigation system comes in third generation

Smart home gadgets have long been available not only for the interior of your own four walls. Garden lovers can also simplify their care with the help of practical helpers. A good example is the smart watering controller Eve Aqua. The gadget for the water connection in the garden comes now already in the third generation in the trade and offers a lot of new things.

Water your garden automatically with Eve Aqua

The irrigation system is said to have undergone significant improvements in its now third generation. In addition to a more robust design, which is supposed to provide more resistance, the manufacturer also promises a higher-quality design. The new design is not only supposed to look more elegant, but in combination with revised features, it is also supposed to ensure quieter operation. But what can Eve Aqua do anyway? As a smart home gadget, you can integrate the irrigation system into your own network. Once set up, you can easily water your garden via your iPhone. You can use the app or Siri to do this. Alternatively, there is a button on the Eve Aqua itself that you can use to start watering.

Eve Aqua
(Image: Eve)

Of course, the biggest advantage of the irrigation system is that your garden will be watered despite your absence. Especially if you are on vacation for several weeks, Eve Aqua certainly proves to be an extremely practical gadget. You can set up a schedule within the app so that your plants are always watered. Thanks to an integrated timer, Eve Aqua works its schedule even without an Internet connection. This means you can turn off your other electronic devices, including your Wi-Fi router, when you’re away. To save money and protect the environment, the app also gives you the option to see how much water you have used.

Interior of Eve Aqua with new valve

Compared to its predecessor, the third-generation irrigation system looks much classier. This is especially due to the new front, which now comes in matte black. However, not only the design, but also the inner workings are said to have changed. You’ll now find a new solenoid valve, which is supposed to have many advantages.

Eve Aqua
Eve Aqua promises compatibility with most manufacturers. (Image: Eve)

The manufacturer promises not only that it should be more durable. On top of that, you should not have to worry about leaks and probably benefits from a quieter mechanism. The multicompatible irrigation system will be equipped with a metal thread, which should correspond to the connections of popular manufacturers.

Nothing works here without iOS

Anyone who is thinking about purchasing Eve Aqua should be aware that nothing works here without Apple HomeKit. Consequently, you need an iOS device like iPhone or iPad for both setup and operation.

Eve Aqua
(Image: Eve)

However, since Eve Aqua also has “Thread”, a firmware update coming soon should provide more compatibility. Thus, the irrigation system should offer the standard “Matter” and thus, for example, also be controllable via Google Assistant or Amazon Alexa.

Price and availability

You can buy Eve Aqua now for an MSRP of €149.95 on the official manufacturer site or at Amazon. If you want to make your home even smarter, you might be interested in the SwitchBot Curtain Rod 2 curtain robot (test) or the Aqara Camera Hub G3 (test).

Categories
Sports

Nick Kyrgios Makes Winning Return In Washington | ATP Tours

Back on the singles court Tuesday night for the first time since last month’s Wimbledon final, Nick Kyrgios picked up where he left off with a dominant Citi Open win.

Still donning his tennis whites — at least his shirt and cap — Kyrgios rolled past Marcos Giron 6-3, 6-2 in just under an hour. The Aussie was a different class once he settled into the evening session match, saving an early break point before dominating from 3-3 in the opening set.

“I came out a bit slow, obviously very different conditions to Wimbledon,” said Kyrgios, who later admitted it took him a long time to get over his four-set final defeat to Novak Djokovic. “I think it was just a bit of nerves as well. I won the tournament in 2019. Seeing my name up on the stadium and then knowing I didn’t play well here at all last year — I lost the first round and I was just going through such a dark time in my life.

“I’m just so happy to be here with my team, the love and support from the crowd. I’m just really happy to be out here playing some good tennis again.”

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Kyrgios finished with 12 aces and an 82 per cent (28/34) win rate on first serve, along with a few tweeners. He also revived the tradition that served him well in his 2019 Washington title run: asking a fan in the front row where to serve on match point.

Though Kyrgios missed the target on first serve, apologizing to the fan, he fired an unreturned second delivery to wrap up the comfortable win.

The unseeded Aussie improved to 9-0 in opening rounds this season and 22-7 on the year. He will next face 14th seed Tommy Paul in the American’s opening match at the ATP 500 event. Another home favorite — fourth seed Reilly Opelka — could await in the third round.

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Kyrgios has advanced to the semi-finals or better in four of his past five tournaments since April, but is seeking his first singles title of 2022. He has won two doubles titles with countryman Thanasi Kokkinakis, at the Australian Open and on Sunday in Atlanta , where a knee injury forced him to withdraw from the singles competition.

Kyrgios is teaming with Jack Sock in Washington, and the pair earned a 6-4, 6-4 upset of third seeds Marcelo Arevalo and Jean-Julien Rojer on Monday evening.

“Having guys like Jack and Thanasi, these guys are much more than friends for me,” Kyrgios added. “They know I’d do anything for them. I’ve been there for them and they’ve been there for me. I can’t give credit to those guys enough. My girlfriend, my physio, my best friend… I can’t give those guys enough credit because I really wouldn’t be here without them.”

Categories
Australia

Government’s 43 per cent emissions target set to become law, as Greens offer votes needed to pass climate bill

The Greens will offer critical support to a climate bill that will legislate the government’s 2030 emissions reduction target, giving it the numbers it needs to pass in the Senate.

Labor has introduced a bill to enshrine its 43 per cent emissions reduction target into law and tighten up reporting schemes to track progress towards the target.

Greens leader Adam Bandt has told the National Press Club that his party will back the bill, giving it the votes needed to pass.

Mr Bandt said he remained “bitterly disappointed” the government would not ban new coal and gas projects, and that the party would vote to send the bill for inquiry, where they hope to prove Labor’s climate policies would fail to meet a legislated 43 per cent target.

“Labor might be holding out now, but their position is ultimately untenable, and they can’t go to upcoming climate summits, vowing to open new coal and gas projects and expect to be taken seriously,” he said.

Mr Bandt said the party will now push to shut down future projects by amending the safeguard mechanism, which penalizes big polluting companies that go over a set carbon emissions ceiling.

Climate Change Minister Chris Bowen shut down any prospect of a coal and gas moratorium being introduced through the safeguard mechanism, saying the government would implement its election plan “without alteration”.

Mr Bowen said it will begin consulting on the emissions lever later this month.

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Categories
US

Wildfire near Maupin leads to evacuations near Highway 197

People living near Route 216 west of Highway 197 have been told to evacuate. An evacuation shelter is being set up at Dufur High School.

WASCO COUNTY, Ore. — Gov. Kate Brown has declared that a wildfire near Maupin now constitutes a conflagration, freeing up firefighting resources from throughout the state to help.

Evacuations have been underway west of Highway 197 near Maupin due to the fast-moving wildfire, the Wasco County Sheriff’s Office said.

The Miller Road Fire, alternatively referred to as the Juniper Flats Fire and Dodge Fire, has burned more than 1,000 acres west of Maupin, according to the latest update from Gov. Brown’s office. Fire officials say it was first spotted shortly before 1 pm on Tuesday.

Fire officials said that two airtankers, a heavy helicopter and two single-engine air tankers were involved in the initial response. With the Emergency Conflagration Act invoked, Brown’s office said that a Lane County task force pre-positioned in Deschutes County was now headed to the Maupin area.

“I have invoked the Emergency Conflagration Act to make more state resources available to the fire crews on the front lines in Wasco County at the Miller Road/Dodge Fire,” Brown said in a statement. “With many fires actively burning across the state and several weeks of peak fire season ahead of us, I am urging all Oregonians to be prepared and do their part to help prevent wildfires — just one spark can light a fire that will quickly spread.”

The Emergency Conflagration Act can be invoked under Oregon law when the governor determines that a “threat to life, safety and property exists” due to a fire, beyond the ability of local firefighters to control.

The Blue Incident Management Team from the Office of the State Fire Marshal will assume command of the fire Wednesday morning, Brown’s office said, bringing with it five more firefighter task forces from counties throughout Oregon. Agencies already on the scene include the Juniper Flats Fire District, Klickitat County Fire District from Washington state, and Hood River Fire.

Dodge/Miller Fire: Overnight 02/08 – 03/08 At this time all of the most recently updated evacuation orders (previous post, update 3) will remain in place through the night. Command will reassess conditions in the morning and we will update as needed. In the meantime, watch for emergency alerts or door-to-door notifications if conditions drastically change. Be attentive, be smart, and be safe!

Posted by Wasco County Sheriff’s Office on Tuesday, August 2, 2022

The Wasco County Sheriff’s Office has issued a series of fast-evolving evacuations for the area:

  • East from Victor Road and Walters Road along the north and south side of State Route 216 to Highway 197.
  • All of Tygh Valley Road, all of Fred Ashley Road, all of Davidson Grade Road.
  • East side of Highway 197, all of Oak Spring Road to State Route 216.
  • All of the city of Maupin, both sides of the Deschutes River.
  • State Route 216 is closed from Pine Grove to Highway 197.

An evacuation shelter is being set up at Dufur High School, the sheriff’s office said. The Dalles Riders Club is open for horses and the fairgrounds are open for both horses and livestock.

More information on the Miller Road Fire can be found on the Wasco County Sheriff’s Office Facebook page.

This story will be updated with more information as it becomes available.

RELATED: Death toll in wildfire burning south of Oregon border rises to 4

RELATED: Fire at The Dalles Marina prompts heavy response

Categories
Technology

Nintendo Q1 net profit jumps thanks to weak yen

The global chip shortage and supply chain woes linked to Covid-19 restrictions in China are posing problems for Nintendo – Copyright AFP Kazuhiro NOGI

Nintendo said Wednesday its first-quarter net profit jumped 28 percent on-year, mainly thanks to a weaker yen, but hardware and software sales declined because of a chip shortage and Covid-19 supply issues.

The yen has plummeted more than 10 percent against the dollar this year as sky-high US inflation fuels a widening monetary policy gap — a boon for Japanese companies like Nintendo who sell products overseas.

For the three months to June, the gaming giant posted a net profit of 118.9 billion yen ($893 million), citing the positive impact of “the depreciation of the yen”.

But the company left its annual forecast unchanged, warning that the global shortage of semiconductors and other logistical snarl-ups could hamper console production and distribution.

New game releases got off to a good start, including “Nintendo Switch Sports” and “Mario Strikers: Battle League”, it said, but sales were still no match for the previous year during the pandemic gaming boom.

“Due to the effects of supply shortages in semiconductors and other components among other factors, hardware sales were down 22.9 percent year-on-year, and software sales were down 8.6 percent year-on-year,” Nintendo added.

Soaring demand for indoor entertainment during virus lockdowns sent the company’s profits soaring to an annual record of 480 billion yen in 2020-21.

The firm nearly matched that figure in the last financial year, with its blockbuster Switch console continuing to perform well and strong software sales, especially for “Mario Party Superstars” and the latest Pokemon titles.

But Nintendo now has a more cautious outlook as life returns to normal, causing the gaming craze to slow, and expects to report a 340-billion yen net profit in 2022-23.

Hideki Yasuda, senior analyst at Toyo Securities, warned that the chip shortage and supply problems linked to Covid-19 lockdowns in China would continue to pose headaches for Nintendo.

“The company is feeling significant pressure on its supply chain,” he told AFP before the earnings release. “The Switch is sold out at stores. There is not enough supply.”

It will be “very difficult” for Nintendo to hit its annual production target for the console if the problems continue, Yasuda said, after Switch sales declined 20 percent on-year in 2021-22.

However, a recession in the United States or elsewhere is unlikely to pose a major problem, he said.

“Video gaming doesn’t feel the impact of recessions. When the economy is strong, people buy products. When the economy weakens, people spend more time playing games.”

Categories
Sports

Chanel Harris-Tavita in battle to play one last Warriors game before quitting league

Chanel Harris-Tavita picked up an MCL injury in Friday's game against the Storm.

Brett Phibbs/Photosport

Chanel Harris-Tavita picked up an MCL injury in Friday’s game against the Storm.

Chanel Harris-Tavita faces a race against time to play one more game in the NRL before he walks away from the sport, while Jazz Tevaga is unlikely to play again this season.

Warriors interim coach Stacey Jones said on Wednesday that it has been confirmed as a medial collateral ligament injury in Harris-Tavita’s knee which will sideline him for around a month.

Given that there are only five games left in the season, it is possible that the 23-year-old has played his last game for the club.

“He has done his MCL, so that’s a three to four-week injury,” Jones said.

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“We’re hoping that Chanel is going to get back out on the field before the end of the year.

“Certainly, from where he was after the game, to where he is now, he’s feeling a lot better.”

Jazz Tevaga has likely played his last game this season.

David Neilson/PHOTOSPORT

Jazz Tevaga has likely played his last game this season.

Harris-Tavita wants to explore other things in life at the end of this league season and has chosen to give up footy for an indefinite period.

Given what he’s meant to the club over the past four season, it would be a cruel way for him to bow out, but that’s become a possibility with his latest injury.

In his absence, Jones chose to go with Wayde Egan at five-eighth for Saturday’s game against the Rabbitohs. Preferring the specialist hooker to the club’s young halves Daejarn Asi and Ronald Volkman.

“I know we’ve got other options there with Daejarn Asi, who played a couple of weeks ago,” Jones said.

“But there are parts of his game that he needs to get sorted more, based around defense.

“It was more a case of Wayde did a really good job and I also thought Freddy Lussick did a pretty good job, he was very brave in the middle with his defence.

“We then get an opportunity to give Taniela (Otukolo) an opportunity to come on the bench.”

While Egan will wear the No 7 jersey this weekend, it won’t be a long-term option for the club, especially as Te Maire Martin and Luke Metcalf are joining the Warriors next season, to add to the club’s halves stocks.

“It’s a week-to-week thing for Wayde,” Jones said.

“He’s an out-and-out hooker, but he’s a very smart player that can do a job in the halves.

“I thought the way Reece (Walsh) played at the weekend, they both complimented each other really well and Shaun (Johnson) with his kicking game was pretty spot on.

“So the balance of those three worked really well for us on the weekend and a week of training together is going to make them better.”

As for Tevaga, Jones says the shoulder injury he picked up against the Storm last week is expected to rule him out for the remainder of the season.

“He had scans yesterday,” Jones said.

“Hopefully in the next few days they’ll work out whether he needs to have an operation or not, but it is unlikely he’ll play again for us this year and Jazz is going to be a massive loss for us.”

Meanwhile, the Warriors have announced former Hull FC, Wakefield and Leeds head coach Richard Agar will join the club next year as one of their assistants.

“Richard has tremendous experience in top level coaching and will add huge value to our coaching team,” Warriors CEO Cameron George said.

“He’ll provide terrific support for our new head coach Andrew Webster in his role alongside his fellow assistant coaches Stacey Jones and Justin Morgan.”

Categories
Australia

Nurses strike in Launceston as government offers last-minute proposal

A last-minute proposal from the state government to improve working conditions for Tasmania’s nurses has failed to stop a strike from going ahead at the Launceston General Hospital.

Nurses have been quitting in droves as they grapple with the pressures of the pandemic, rising workloads, long hours and tight resources.

But the Tasmanian government hopes a $2,000 “return to work” bonus will persuade those who recently resigned to give the job a second chance.

It is one of a suite of incentives the government has put on the table to stop nurses and midwives from striking and to prevent Tasmania’s troubled healthcare system from buckling.

Following a short but serious strike at the Royal Hobart Hospital last week, unionized workers at the Launceston General Hospital walked off the job for 15 minutes on Wednesday.

Australian Nursing and Midwifery Federation state secretary Emily Shepherd said the government’s latest offer had some “real positives” but came too late to delay the industrial action.

“Of course, we’ll take our members’ feedback on this and go back to the Premier but there certainly isn’t a quick fix to this,” she said.

“We all need to work together and it’s pleasing the government have come with a suggestion around a collaborative way forward.”

‘We have clearly been listening’

The union received the government’s latest offer on Tuesday night, which included the “return-to-work” bonus, a plan to put clinical coaches in all wards with a high proportion (30 per cent) of novice practitioners and improved anti-viral access .

The government is also promising to increase private hospital support for public hospitals, review workplace vacancies and trial a state-wide “transition to practice model”, with an immediate appointment to permanency alongside a six-month probation period.

As with many industrial disputes, pay is a key concern, however, the government has so far only promised to commence negotiations to address the wages of nurses and midwives.

A group of nurses hold signs in protest in Launceston.
Nurses have been quitting in droves as they grapple with a variety of pressures.(ABC News: Damian McIntyre)

Premier Jeremy Rockliff said he has recognized the demands being placed on health staff.

“We have clearly been listening and today we are acting,” he said.

The government said there were also other measures in place to help health staff, such as a COVID-19 allowance.

A daily allowance of up to $60 a day for a frontline nurse would be paid on top of salary at a hospital that has spent at least 30 consecutive days at COVID escalation level 3 and remained there.

It would work out to an average of an extra $300 a week for full-time staff.

A line of nurses protested in Launceston.
The government’s offer came too late to delay the industrial action, nurses said.(ABC News: Damian McIntyre)

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Categories
US

Missing woman’s remains identified in Clear Creek County

CLEAR CREEK COUNTY, Colo. (KDVR) — Human remains found in Clear Creek County have been identified as a woman last heard from in February, when she called 911 saying she was stuck in the snow.

Melinda Tafoya-Deltoro, 38, had been missing since Feb. 13, according to the Clear Creek County Sheriff’s Office. How she died is still under investigation.

Tafoya-Deltoro called 911 around 4:30 pm that day and said she was stuck in the snow in the Miner’s Candle area. Responding deputies found her vehicle from her.

But “an extensive search of the area at the time of her disappearance and in the following months showed no signs of the missing woman,” the Sheriff’s Office said.

Teams eventually found her body on June 4, as the snow melted.

FOX31 met Tafoya-Deltoro’s family in Lakewood days after her disappearance. They were looking for answers, saying they did not know why she was up in Clear Creek County in the first place and that she did not snowboard or ski.

Anyone with information on the case is asked to call 303-679-2354.

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