JUDGEMENT OF LORD JUSTICE WARD CONCERNING THE FAMILY : PT 6
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THIS IS THE JUDGMENT OF LORD JUSTICE WARD IN THIS CASE WHICH
HE GAVE IN CHAMBERS ON THE 26TH MAY 1995 BUT WHICH IS BEING
HANDED DOWN IN OPEN COURT TODAY. IT CONSISTS OF 295 PAGES
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WARD OF COURT, AND THE MEMBERS OF HIS FAMILY MUST BE
STRICTLY PRESERVED.
SIGNED:
THE RT. HON. LORD JUSTICE WARD DATED 19TH OCTOBER 1995
W 42 1992 IN THE HIGH COURT OF JUSTICE
FAMILY DIVISION
PRINCIPAL REGISTRY IN THE MATTER OF ST (A MINOR)
AND IN THE MATTER OF THE SUPREME COURT ACT 1991h
Lord Justice Ward
The Davidito Book
This was printed chapter by chapter before re-published as a
whole. Among the chapters are these:
1. In Chapter 31 when Davidito was 17 months old in July
1976:I have already recited that passage of Davidito
watching the couple make love in the pool and of his being
jealous when Alfred and Sara "love up". The Chapter
continued:-
"He finally found something he thinks the baby is good for -
he climbs up on the bed when she is propped there on a
pillow and crawls right on top of her and began hunching
away! They both love it, really!"
This baby was Davida, Sara's daughter, who would have been
about 3 months old. The chapter continued:
"Mommy and Daddy just didn't believe us until they watched
themselves one time: he climbed on top of Davida lying on
the couch and began banging away again with a big smile!
Daddy stood there, at first a bit awed, then felt Davidito's
little penie and said, "I never would have believed it if I
didn't really feel how hard he really is!".
2. In chapter 45 when Davidito was 2 years 4 months old,
comment was added to Sara's entries by Berg himself. The
fact that his views are recorded makes it difficult for The
Family to distance him from responsibility for its
publication. He said:
"God made children able to enjoy sex so he must have
expected them to! I did! All my life! Thank God! I love it!
and it didn't hurt me any! Nearly all kids do anyhow,
despite prohibitions! And the only reason the system frowns
on it is the churches have taught sex as evil! which is
contrary to the Bible! how could God create a sexual
enjoyment be a sin?! The system is really screwed up! God
help us! They're the ones not normal! But "let not your good
be evil-spoken of"! So take it easy."
3. In Chapter 61 when Davidito is 3 years 2 months old
there was the description the "come-union" and it
continued:-
"Soon afterwards in our next location he made up for loss
time with his favourite playmate Davida. He told me, "Sarah
gonna have to teach Davida to like to fuck and not push me
away!" Well, I am glad she does not push him away all time,
because the very next night I could not find them after
dinner, but spotted right at the top of the stairs! Banging
away on each other! Imagine! It's a good thing she liked it
that time!"
4. The index is interesting. There is a cartoon of Berg
saying:
"Davidito, do you know what you are doing? you are teaching
the whole world how to take care of babies!"
There followed a very detailed index including a number of
references to sex experiences and education, in addition to
the entries on masturbation and penis. There is a cartoon.
It shows Davidito on top of Davida as if having sexual
intercourse with her.
5. These collected essays where published in 1982 as if
then to give current force to the recommended practice in
The Family's own Child Care Manual on how to bring up their
children.
There are some letters from members of The Family which are
revealing about the sexual goings-on within The Family. Thus
for example:-
(a) "Sex should be Fun" written in about 1980 when Shuly
wrote how "wonderful" it was "to have the liberty if you
want it." She goes openly proclaimed that when she was
thirteen in Venezuela she had a sexual affair with Berg's
grandson.
(b) In "The Blessings of Older Children" written in about
1981 Seek and Secundus observed that they had not heard many
testimonies from other families about how fast their kids
were maturing, but would be very interested to hear more.
Their eldest were Jason 9, Shera 8 and Summer 6. They
wrote:-
"Jason, Shera and Summer have quite a little love triangle
going and have been teaching us a lot about sharing and
being unselfish. One night I knew Shera was looking forward
to being with Jason, but he was with Summer. I asked Shera
about it and she said that Summer was a little discouraged
and Jason was trying to cheer her up before he came to bed
with her....Jason was so in love with one sister while we
were in Finland and really went through trials when he knew
a particular older brother was sleeping with her....We
really don't encourage or discourage the children about sex
but we like to talk to them about what they are
experiencing. It really isn't a joke for them, but comes
very naturally and matter of factly, and they don't hesitate
to share with us without even a flush. We don't know how
much flesh brothers and sisters can share when they are
older? But we want to share our experiences and are
interested in the experiences of others in the family."
Teen Sex
This was written in September 1985. It began with a
comparison between system children and Family children and
then Berg said:-
"But in The Family I think we are a very good example of
what parents should be like, teaching kids what's right and
about the Lord and to follow him and his principles and his
Law of Love and his rules and getting them reared up in the
way they should go so that when they are old they will not
depart therefrom".
I again add the emphasis in order to refute The Family's
case that the teachings of Mo were not encouraging of any
sexuality. I find this was a clear instruction to the family
to school their children in the Law of Love. He pointed out
that:
"Our subteens are more like real adults. They are mature
enough to get married and have children of their own at an
early age which is the way God intended for things to be."
Then he continued:
"Of course it is shocking and horrifying to the system but
you know how I feel about it! Frankly, I think as children,
before the girls start menstruating and the boys start
seminating, that's their opportunity to have all the sex
they want with no problems - as long as the system doesn't
know it "(I have added the emphasis). "And to get their
experience and that's the way God intended for it to be! He
didn't let them be able to have children until he thought
they were old enough to take care of them. And apparently
God thought they ought to be old enough and smart enough and
responsible enough to take care of them at the ages of 13
and 14!... but up until that age there is no damage they
could do having all the freedom they want in exploring each
other and having whatever sex they can manage to have!
Frankly, that's my opinion. I don't know if we're ever able
to publish that," (again my emphasis) because that is what
the system is horrified at already! They call it "child sex"
and all that kind of stuff. But actually the Lord made
children so they are interested in it and they enjoy it with
each other and they like to explore and have adventures! He
made them able to enjoy it at those younger ages and they
can even have orgasms".
Maria realised the potential problems with the system and
observed that "worldwide protection of children has swept
the world" which, for Berg, was "the devil's kind of
protection." They laid down rules that:-
"Boys with semen are going to have to avoid fucking girls
who menstruate. There are plenty of other kinds of sex they
can enjoy even with each other without actually fucking."
The language is so crudely explicit that it becomes
thoroughly distasteful, a fact which World Services must
have accepted because in their History of the Sexual
Policies of The Family compiled in November 1993, they quote
this passage using the more delicate euphemism "making
love"!
"Questions You Always Wanted To Ask."
This was published at about the time of or shortly after
the Teen Training Camp in 1986. The teens had submitted
their questions in advance, the leaders had answered them
and "Dad was able to look them over and add some comments."
Question 1 was "What are the rules regarding sex for a 15
year old, as well as for younger teens?"
"Answer: Here's what Dad and Maria say that can help clarify
that from the letter Teen Sex, paragraph 36: "(Maria: for
the sake of potential problems with the system, we have set
a rule for our girls that they can't fuck a seminating male
after starting their period till they are 15). Yes, now you
are making the qualification as I said, I think there is no
reason to discourage them from having sex with each other
until the girls begin to menstruate and the boys begin to
seminate...Man's laws are in violation of God's laws, and
because of this, we just have to be careful with our
revolutionary living and our radical ideas and our liberties
and freedoms, which the system doesn't have and sometimes
doesn't tolerate. So boys and girls, you can have all the
sex you want within the guidelines of counselling with your
shepherds and/or parents, but boys, once you start having
semen, you should not fuck any girls who have started their
periods and are under the age of 15 years old. Once a teen
girl starts her periods she must refrain from actual fucking
with any boys who have semen because then you could produce
a baby....Its o.k. to fuck boys who do not yet have semen,
and girls, once you've reached your 15th birthday, you can
go ahead and fuck.
Question 2 the teens always apparently wanted to ask was:
"Once girls have stated their period, can they still have
dates with teen boys with semen and masturbate each other,
even though they can't fuck? Answer: As long as they are
obedient to The Family rule that Grandpa and Maria set down
and don't fuck, yes, it would be fine to love and satisfy
each other with kissing, masturbating etc...Our dear king
and queen are entrusting you teens with this blessing and
great responsibility of having teen sex. They of course want
you to be happy and enjoy and love each other but they also
want you to obey.
"Make it Work" written in June 1988 laid down a new policy
which became necessary after the introduction of the "school
vision" in November 1987 and the creation of Family schools
which called for a more clearly defined code of sexual
conduct for the teenagers. It may be a fair inference that
control had to be imposed over the excessive enjoyment of
the freedoms granted to the teenagers. Perhaps The Family
had in mind the excesses revealed in the "Heavenly City
School Training Seminar Notes" which The Family subsequently
sought to suppress. EM was a leading figure at this school
and she and two others report on the teens
relationships/sharing. They decided:
"To have a sharing plan which was an experiment. We
patterned it after the adult sharing plan and were careful
not to push anyone onto it - no pressure ....Almost all the
boys wanted to be on it, but not many of the girls, so some
of the older girls took two boys!...we were trying to teach
the teen to have unselfish love, not pressure them."
Consider that for a moment! Here was the flagship of The
Family School Vision teaching the children to have unselfish
love, teaching them in other words to submit to sexual
intercourse. To continue:-
"We had the schedule for about 1 to 11Ú2 months. It was only
about 10 couples and then it went down to two girls and some
boys! Then we asked what their hang ups were about the
sharing plan, what you like and do not like about it. We
cancelled it for a while to have classes and pow wows about
it...They had really honest and sincere questions that
needed to be answered and it was a huge victory in that
area. They had to overcome the things about being
cruel....They had to learn it as "cool" in God's eyes to be
on fire...The fruit was all of them wanted to be on the
sharing plan! So then we had to have ...two classes and
share with them what to do if you aren't going all the way.
A girl asked if you could get pregnant from sucking and
swallowing it or pregnant without the man coming in etc.
They needed the practical classes too and it was amazing all
the things they did not know that we took for granted a lot.
They don't have the experience we do and haven't read the
letters that we knew." ( I add the emphasis to show how the
Letters had shaped this intelligent lady's behaviour and how
she clearly wished to use them to instruct her young charges
in sexual practices.) "You really could see some of them
really didn't know what we were talking about. It is
important to take time to discuss the birds and bees and
explain these things! We tend to take it for granted that
they know about sex but they don't. They need the word on it
read to them... Some guidelines were laid down to help them
learn these values and responsibilities in their lives and
to count the cost. They could go all the way but if the girl
got pregnant, they would need to get married to the Daddy
and they would also have to leave the school and go to
another field with the mate where it is more acceptable for
a teen girl to be pregnant. They were quite sobered. The
boys especially really valued their place here and didn't
want to lose it and almost all said, "I'm not going to fuck"
because they really wanted to stay. The girls were happy to
hear they wouldn't be pregnant and left on their own - then
the girls went through the trials that the boys wouldn't
fuck - the tables had turned! .... Hang Ups: we haven't had
any major problems along the line of sharing, love and
relationships since our classes except for some new teens
who came in and missed it and were a bit fleshed out which
we had to stop as they would sometimes dissemble. Some girls
wouldn't undress anywhere except in a corner and were really
bound and not free at all. Example of shower problem - in
Japan you shower together...but in some cases some boys and
girls didn't want the opposite sex in the shower. Some boys
and some girls would shower with their undies on even with
their own sex. We brought it out and discussed it and it
improved. We found that many teens feel awkward or
embarrassed about their body even though they have been
raised in the family and with our liberties etc." (I am not
surprised The Family attempted to suppress this document!)
"Talk with them. Try to show them from the word. We had a
bra discussion as they were all wearing them and we had to
show them from the word why not to wear it. But if they
needed it or were big or their breasts hurt, it was fine and
o.k. Some girls were really just wearing them out of
rebellion, except that they were rebelling in the opposite
way than we did as teens - by wearing bras! Now we are
having to ask them to wear bras more sometimes for visitors
etc. You have to explain everything so they know the whys
and wherefores." (Deceivers yet true, I ask?)
Marriage Prep Vision! Inspiring vision! The latest counsel
we got was that our goal we could teach the teens was
Marriage Prep. It was brought out that the system rarely
fails to prepare teens for marriage. But we could teach them
lots about this! The sharing plan seemed to feed shallowness
in relationships and the teens were missing having to grow
up mature. We were promoting promiscuity"- a startling
admission from a teacher, even if she immediately added - "
which is completely off the channel to the letters. We were
not promoting what Dad is saying in the letters. Marriage
prep was Dad's answer to all the info we sent in about this
subject! We now need to teach them about relationship and
loving dedication and responsibility to mates, why we bring
people together in the first place. This Counsel changed the
spirit among the teens."
EM stands condemned by her own words that she was promoting
promiscuity. It was a deplorable abuse of adolescent
children. It may even be that Berg would have agreed with
me. He wrote in the "Make it Work" letter;-
"Now beloved, I realise we are a very sexy Family and we
believe in sex but you've got to watch out! It only takes
one little discontented miscreant, one little offended
backslider who wants to justify himself for backsliding and
makes that his complaint: "They promoted teen sex"! Isn't
that the kind of story that someone might say, considering
the way some of our schools and homes have apparently
allowed their teens to have too much freedom and too many
liberties? Where did you ever find in any of the letters
that I have advocated complete sexual freedom among
teenagers? Don't start quoting me Child Brides. There's only
one thing that letter advocates in the way of young
teenagers having sex, and what is it? (Fam: Marriage.)
"Where did The Family get the idea that I promoted and
advocated teenage promiscuity? (Fam: They just know that we
are very free sexually. Even as little kids they slept with
their brothers and sisters, and not only just physical
brothers and sisters, but other kids, and they've played
around. They've just grown up with it for 15 years in The
Family, it just sort of comes natural). I think in my
letters you will find what I consider the solution to the
teens need for sex - and you will find it particularly in
the letter on Child Brides. In that letter I am not
advocating teenagers playing around with sex, but I am
trying to prove that God intended for young teenagers, not
just older teenagers, but even young teenagers to have sex,
yes, but as married couples!"
(He seemed to have forgotten about Teen Sex and the answers
to the children's questions.)
"I very revolutionarily asked you why do you think God
allows young teenagers to have semen and periods and to be
able to have babies if he did not intend for them to do so?
What I was trying to teach you was that it is the ideal time
for them to have sex, to couple up, have babies and
therefore become mothers and fathers under the direct
supervision and tutelage and control of their elders."
(I interpolate that it is not what he was saying, he was
giving them permission to have sexual intercourse until boys
began to produce semen and girls began to menstruate.
Thereafter they were to refrain from sexual intercourse
until 15, although they were free to engage in masturbation,
and if the Heavenly City School is any example, to engage
also in oral masturbation.)
Berg then laid down the new law in these terms:-
"And I want to tell you right now, I want to set myself on
record in black and white right now, that I am not in favour
of teenage promiscuity, sexual freedom, but I am in favour
of encouraging teenage marriages! Do you her that?
Marriages! Fatherhood, Motherhood, babyhood, loyalty,
faithfulness of mates, responsibility, duty, obligation!
Just as much as the system is, if not more....so my answer
to your teenage sex problem is not promiscuity, it is
marriage! That's what I've always said and always encouraged
and I haven't changed a bit! I am just shocked that people
have misinterpreted me other ways."
I find without hesitation that his self righteous delusion
that he has been misrepresented is pure humbug. I have no
hesitation either in finding that The Family have
endeavoured to stamp upon teenage sexual activity and have
since 1988 firmly and categorically laid down rules for the
young in The Family.
In September 1989 in the letter "Teen Marriage Rules! - More
on how to make it work!" (a letter I do not recall having
seen, save for an extract provided by World Services) rules
were laid down for teenagers wishing to marry to make a
commitment for the rest of their lives, that the match
should have parental approval and the approval of the
leadership, that the teens should go steady for 6 months and
then become betrothed and that they should live together for
at least 6 months before being allowed to marry. More
detailed guidelines were established, qualified and
presented to The Family in 1991 and published in the Latest
News Flash in August of that year, again a document I have
not seen. These rules were published in August 1991 and
apply today. They are as follows:-
"Pre-teens, ages 11, 12 and 13 are not allowed to date. They
can have sex classes as part of their scholastic training.
Junior teens, aged 14 and 15, can begin a marriage prep
course as part of their scholastic training. At aged 15 and
9 months they can begin a six month going steady or
engagement period, but no sex is allowed. Senior teens aged
16 and 17 can have sexual contact 3 months after engagement,
with the person they are engaged to. Marriage is possible at
16, after a 6 month engagement so long as it is legal in the
country of current residency. Young adults, aged 18, 19 and
20 are allowed to make sexual contact with each other
without being married. Such contact must be approved by the
home team work. This is completely voluntary. Whether they
choose to have sexual intercourse or not in their sexual
relationship is up to them."
No adult members over the age of 21 can engage in any sexual
activity with those under 21." (It may be that on reaching
21, they may be allowed to continue an on-going relationship
with someone under that age).
THE ORAL EVIDENCE ABOUT THE SEXUAL ACTIVITY OF CHILD WITH
CHILD, AND AMONG THE TEENAGERS.
I accept the generality of the evidence presented to me that
there was widespread activity of that kind to an extent
significantly greater than would take place between children
and between teenagers outside The Family. I confine myself
to some particular findings of fact which appear to be more
material than others.
1. MB: I have already referred to her being required to
stroke and fondle her friend A1 as they danced for the
sexual pleasure of the men at MWM. For the purposes of the
behaviour I am dealing with, I must refer to her evidence of
the time when she was living in her grandfather's house. She
was there with Maria's children Davidito some 3 years
younger and Techi about 6 years younger. She joined them
when she was aged about 11. Davidito was about 8. From an
early stage she had "sexual foreplay with him and took it as
perfectly natural." "Davidito was quite experienced in
sexual matters". MB lived in the Berg compound for nearly 4
years. The end of her time there included some of the most
painful periods in her life as I shall have to recount.
Because she was being beaten, there were many things that
she was "blocking out", but she told me, and I accept, that
she specifically remembers that Sara "came and told me that
grandfather wanted me to become pregnant by Davidito", "who
was less than 12 by then". That was her first experience of
full sexual intercourse. Sara wrote in the "Last State "
(Mar 1987) that "MB was having regular dates with Dito and
we suggested she put off these interests in other boys and
sex except Dito, until she was much stronger in the Lord". I
find that at least Berg, Maria and Sara connived at that
activity and I have little doubt that it was common
knowledge in the compound and therefore within the knowledge
of the other leaders who acquiesced in its occurrence.
When MB went to Macau she spoke of there being considerable
sexual activity between the teenagers before the Make It
Work letter was published. The contradiction between this
letter and the earlier letters was obvious to the teenagers,
many of whom were confused and some of whom (though not
many) continued clandestinely to behave as they had.
2. AB spoke of the teenagers being given "an hour in the
basement for the enjoyment of their sexual pleasures".
3. JG is the son of Apollos, also known as Pathway, the
editor of the many letters and co-author with Berg of
"Heaven's Girl". He began a full sexual life at an early age
and was having his first full sexual intercourse at the age
of 10. He continued it with his contemporaries and in Macau
was frustrated when this was discouraged. I accepted his
evidence despite finding him to be somewhat coarse and
disrespectful and seemingly contemptuous of authority. I was
not surprised that such a personality caused him to be in
trouble within The Family. I regret that I could not accept
the evidence of his elder brother EG, who wished to play
down the significance of sexual activity between the
teenagers themselves.
4. KJ. She was a very important witness. Her father is
CJ, known in the family as Simon Peter. He has a position of
high leadership. Her mother is VJ who is now vociferous in
her condemnation of The Family and is much involved in the
media campaign whose purpose is to expose them and bring
them down. KJ herself has not fought shy of publicity. It
is, therefore important that I scrutinize her evidence
closely before accepting it to be true. It was given over
nearly 4 days. As I look back at my notes, especially of my
contemporaneous comments, I see how time and time again I
was impressed with the wealth of detail which came pouring
out in a way which did not suggest either invention or the
recounting of the experiences of others. There were too many
occasions when she was given the opportunity to embellish
facts to the disadvantage of The Family and refrained from
doing so. She gave credit where credit was due, for example,
to SF. At one point she broke down and denounced Berg in
tones of such obvious deep personal anguish that I caused
the tape recording of that part of her evidence to be made
available and I played it back at one point during the
hearing. It was not suggested that her distress was a
theatrical display skilfully presented to deceive me. Her
evidence stood in some contrast to that of another of the
Plaintiff's witnesses, RD, who from time to time did descend
into unconvincing histrionics. KJ spoke of the early sexual
exploration in which she engaged as a very young child. She
said that from the youngest age she knew that she and
members of The Family were special but she went on to
describe how, at the age of 4 or 5, she visited her
grandparents who are not members of The Family. She recalled
her grandmother crying because she had seen KJ and her
brother under the table engaged in this kind of childish
exploration and fumbling. It was then that KJ realised that
they were different because they, members of The Family, had
the gift of God to do all these things because they had
broken the bondage of the world and were free. She had her
first full sexual intercourse at the age of about 7 with a
boy of about 12 in a house in India which had beds and she
could remember to mosquito nets. She had experience of
simulated sex before then. She had no sense of doing it
furtively although she did not like to be teased as
occasionally she was along the lines of, "Oh you're going to
be a good FFer" or "Oh, wow, how cute, how unselfish". She
subsequently had full sexual intercourse with a number of
boys and engaged in "foreplay or masturbation" with many
others. She said she moved around a lot and everywhere she
went she experienced it and could not remember any
particular home where more or less took place. She spoke of
sharing with SC and FC. This was kissing, cuddling,
masturbating and simulating sex in their bunk beds. She was
about 7 or 8 at the time. Later, just before her departure
from India in March 1988, a few months short of her 12th
birthday, she said that she and SC, of whom she appeared to
have been fond, renewed their sexual contact, engaged in
masturbation, but on this occasion had full sexual
intercourse. She spoke of his ejaculating almost immediately
and of semen running down her legs. SC spoke of "climbing on
top of her and jumping up and down and having an orgasm,"
which he said was his first but he denied that it was
"penetrative sex". It seems to me more likely than not that
he did penetrate, however briefly. KJ says that after her
return to this country she discovered that she was pregnant
and miscarried. I accept that she did but I am far from
certain that SC was responsible for that pregnancy, having
regard to her admitted sexual intercourse with another boy
in the weeks before her leaving India.
5. SC did admit that there were times when he had cuddled
her, he admitted that he used to jump into KJ's bed when
they were in tents at a teen camp and he admitted cuddling
but was unconvincing when he said that it was only the
others who could have been "exploring each other sexually".
He very modestly admitted that the girls were keen on him
and he became interested in girls when he was about 12 which
would have preceded KJ's departure from India. He admitted
that he had sexual intercourse with SW when both were aged
13 and he described this as his first "full" sexual
relationship. Given the fleeting nature of his encounter
with KJ, that is probably so. Whilst he denied living in a
highly sexualized atmosphere, he had heard of the rumours
about MP having sex with other boys, in particular K1 and he
was aware of older teenagers who had "got into trouble over
sexual matters". By the time he was 13 the rules had changed
and it could then be said that sex was discouraged, but not
enough to prevent his experience with SW. I was impressed by
much of what he told me until right at the end of his
evidence he was cross examined about his failing to tell the
truth to the Australian barrister making his film in
Denmark. He did not tell the truth, he said, because of his
embarrassment and his not wanting to explain why he had been
put on silence and why he was a "rotten apple". To some
extent he is embarrassed by his young sexual experiences and
I believe he was seeking to diminish them.
6. His brother FC was of a very different personality. He
has none of his young brother's charm. He was a most
unconvincing witness and I did not feel that I could rely
upon him. SF their mother was a nice woman as almost all who
knew her agreed. I do not find it at all unlikely that, as
MP told me, she, SF, allowed MP and K1 to have "cuddle
time", made a room available and even placed the candle in
the room for its romantic effect. I am equally satisfied
that although SF condoned heavy petting, she discouraged
sexual intercourse but MP and K1 disobeyed her. She liked KJ
as KJ liked her. I am sure she was distressed for FC who was
so much less popular than SC. She was a little insulated
from the full effect of the sexual letters and just as her
sons were surprised by her topless dancing, so she was
surprised by the sexual activity of the young which occurred
under her roof. Because she is such a nice lady, she wanted
to believe the best in everyone and to some extent she had
shut her eyes to what had been going on about her.
Go To Part 5 . . .
Go To Part 7 . . .

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