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Citation
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Judgment date
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| October 1991 |
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Appeal dismissed: claim barred by res judicata as earlier appeals had already determined ownership in respondent’s favor.
Civil procedure – res judicata – prior determinations in earlier appeals bar relitigation of ownership of land; appeal dismissed for lack of merit.
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31 October 1991 |
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Defective charge particulars and absence of handwriting expert did not defeat overwhelming evidence proving cheque-related forgery and theft.
Criminal law – forgery, uttering false documents and theft by public servant – evidential sufficiency without handwriting expert; defects in charge curable under section 38 Criminal Procedure Act where no prejudice or failure of justice.
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31 October 1991 |
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Appellate court restored Primary Court finding that bailment and progeny of a cow were proved; District Court wrongly overturned credibility findings.
Property law – bailment of livestock; civil standard of proof – balance of probabilities; credibility and demeanour – appellate restraint in disturbing trial court credibility findings; appellate review – limits on overturning factual findings.
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31 October 1991 |
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Whether an unattested, inconsistent document constituted a valid will and justified removal of co-administrator.
Probate and administration – validity of wills – attestation and genuineness – multiple unattested papers cannot constitute a valid single will; intestacy – appointment of co-administrators; appellate intervention – limits on disturbing Primary Court findings of fact.
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30 October 1991 |
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Appellate court affirmed conviction: eyewitness identification under the observed circumstances was reliable despite non-production of exhibits.
Criminal law - Robbery with violence - Identification evidence - Reliability assessed by reference to contemporaneous circumstances (lighting, proximity, timing) and credibility of eyewitnesses. Criminal procedure - Non-production of exhibits - Failure to produce alleged stolen property does not necessarily invalidate eyewitness-based conviction. Appellate review - Deference to trial magistrates factual findings and credibility assessments.
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30 October 1991 |
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30 October 1991 |
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30 October 1991 |
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Primary Court may hear customary-law torts for crop destruction; trial court chooses applicable customary law and its damage assessment is not easily disturbed.
Customary law – tort of destruction of crops – Primary Court jurisdiction to award compensation – choice of applicable customary law where parties/occurrence span different communities – appellate restraint in interfering with trial court’s assessment of damages.
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30 October 1991 |
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Appellant failed to prove superior title or possession; appellate court's evaluation of evidence in respondent's favour was upheld.
Land dispute — title and possession — conflicting oral evidence on occupation dates — appellate assessment of credibility and weight of evidence — Primary Court reliance on unsubstantiated witness evidence — appeal dismissed for lack of grounds.
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29 October 1991 |
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Court excluded a police-obtained confession due to reasonable doubt about its voluntariness and treated police account with suspicion.
Evidence — Confessions to police — Evidence Act s.2 — confession admissible only if made voluntarily — prosecution bears burden to prove voluntariness beyond reasonable doubt. Evidence — Credibility of police evidence and chain of custody for physical exhibits — suspicious accounts may undermine admissibility. Criminal procedure — Statements to Justice of the Peace and absence of visible injuries do not conclusively disprove prior assault or coercion.
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29 October 1991 |
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Appellant’s convictions for assault causing actual bodily harm and extortion upheld on eyewitness and medical evidence.
Criminal law – Assault causing actual bodily harm – Eye-witness evidence and medical report corroboration; credibility of trial court findings. Criminal law – Extortion/demanding money with menaces – Proof of demand and receipt. Appeal – Evaluation of credibility – appellate court reluctant to disturb trial court findings. Sentence – Concurrent terms held not excessive.
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28 October 1991 |
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Conviction for cattle theft quashed due to insufficient, contradictory, hearsay evidence and non‑production of material exhibits.
Criminal law – Theft – Necessity to prove theft beyond reasonable doubt; Identification and possession – direct evidence required to connect accused with stolen property; Hearsay and uncalled key witnesses – failure to call principal herders undermines prosecution case; Non‑production of alleged seized exhibits (animal) fatal to prosecution; Contradictory witness accounts render conviction unsafe.
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28 October 1991 |
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Convictions quashed where evidence was circumstantial, confession inadmissible (below Corporal) and key allegations were hearsay.
Criminal law – theft – sufficiency of circumstantial evidence – confession to police officer – admissibility requires voluntariness and officer of or above rank of Corporal (Evidence Act s.27(1)) – hearsay repudiated by maker inadmissible – convictions quashed where proof insufficient.
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28 October 1991 |
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Appellants' convictions for stealing upheld; omnibus sentencing was erroneous and varied to concurrent five-year terms.
Criminal law – Stealing by public servant – documentary evidence (requisition/issue vouchers) and stock verifier’s report – signatures as probative evidence – admissions by accused – omnibus sentence improper; sentencing must be on each count; variation to concurrent sentences.
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28 October 1991 |
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28 October 1991 |
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Appeal against robbery conviction dismissed where reliable visual identification and corroborative evidence established guilt.
Criminal law – robbery with violence – visual identification – ample opportunity to observe, daylight, proximity and corroborative evidence strengthen identification. Evidence – section 43A Evidence Act – prior conviction used to discredit witness does not automatically prejudice accused. Criminal liability – common intention unnecessary where evidence shows individual active participation and corroboration.
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28 October 1991 |
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25 October 1991 |
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Appellate court upheld convictions for housebreaking and stealing, rejecting alibi and quashing co‑accused's acquittal for joint theft.
Criminal law – housebreaking (s.294(1)) and stealing (s.265) – identification evidence – alibi rejected – common intention (s.23) – confession of co‑accused – appellate substitution of conviction and sentence.
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25 October 1991 |
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25 October 1991 |
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Appeal allowed where single uncorroborated witness, investigation gaps and injury severity failed to prove grievous harm beyond reasonable doubt.
Criminal law – Evidence – Identification and credibility – Reliance on single uncorroborated witness – Proof beyond reasonable doubt; Criminal law – Definition of grievous harm – requirement of serious or permanent injury; Criminal procedure – Inadequate investigation and absence of expected witnesses undermining prosecution case.
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24 October 1991 |
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Appeal dismissed: robbery with violence not proved, assault convictions and suspended sentences affirmed.
Criminal law – robbery with violence – whether violence used to extract confession and to compel compensation constitutes robbery; alternative verdict – assault occasioning actual bodily harm – sufficiency of evidence and identification; sentence – suspension and compensation upheld.
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24 October 1991 |
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24 October 1991 |
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Where a victim lacked capacity to be deceived, cheating conviction was substituted with theft and appeals dismissed.
Criminal law – Cheating – Requirement of victim's capacity to be deceived – No cheating where complainant had lost power of reasoning. Criminal law – Theft – Substitution of conviction from cheating to simple theft (s.265 Penal Code). Evidence – Alibi – Rejection upheld where complainant had prior acquaintance and identification.
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23 October 1991 |
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Where a complainant lost reasoning after an act, the offence was substituted from cheating to simple theft and appeals dismissed.
Criminal law – Cheating – Whether mental confusion or loss of reasoning by a complainant following alleged act negates the offence of cheating. Criminal law – Theft – Substitution of conviction where evidence supports dishonesty/appropriation rather than cheating. Evidence – Alibi – Rejection of alibi where witness was in prolonged proximity to accused and alibi is inherently improbable.
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23 October 1991 |
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23 October 1991 |
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The trial was nullified because the successor magistrate failed to inform the applicant of his right to have witnesses re-summoned.
Criminal procedure – succession of magistrates – section 214 – duty to inform accused of right to have witnesses re-summoned and re-heard – non-compliance renders trial nullity – successor magistrate cannot decide credibility solely on predecessor’s record.
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23 October 1991 |
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Appeal allowed where prosecution failed to prove housebreaking and stealing beyond reasonable doubt; conviction and sentence quashed.
Criminal law – housebreaking with intent to steal and stealing – insufficiency of evidence – lack of independent verification of breaking and uncorroborated identification/recovery evidence – conviction unsafe; sentence and compensation order quashed.
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23 October 1991 |
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Failure to record assessors’ opinions under s.7(2) Magistrates' Courts Act renders Primary Court proceedings a nullity; retrial ordered.
Civil procedure – custody disputes – whether custody should be disturbed where natural mother (custodian) is not a party to the suit. Service – proof of service of notice of District Court hearing. Magistrates' Courts Act s.7(2) – mandatory recording of assessors' opinions; failure renders proceedings a nullity and justifies retrial. Law of Marriage s.125 – best welfare principle to guide custody cases.
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23 October 1991 |
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Conviction quashed where nighttime, frightened witnesses provided unreliable identification and no material corroboration existed.
Criminal law — Identification evidence — Unsafe/no satisfactory identification where offence occurred at night and witnesses were frightened and asleep; divided assessors and acquittal of co-accused emphasise need for reliable identification — absence of material corroboration defeated conviction.
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23 October 1991 |
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Conviction based on uncertain nighttime identification without corroboration was unsafe and quashed.
Criminal law — Robbery with violence — Visual identification at night — Insufficiency and hesitation in witnesses’ testimony — Requirement of material corroboration — Unsafe conviction quashed.
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23 October 1991 |
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Convictions quashed because the offence was not an economic offence when committed; certification under the Economic Act was a nullity.
Criminal law – unlawful possession of Government trophy – Economic and Organized Crime Control Act – temporal application of statutory amendments – certification under Economic Act when offence not an economic offence renders trial a nullity – convictions quashed; related wildlife offence closely tied to void count.
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23 October 1991 |
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Conviction for unlawful possession of government trophies upheld but ten‑year sentence reduced to two years due to factual uncertainties.
Criminal law – Unlawful possession of government trophies – sufficiency of police seizure and certificate as proof of items being government trophies – sentencing: appellate reduction for excessive sentence where provenance and quantity uncertain; effect of statutory amendments reclassifying offence under Economic and Organized Crime Control Act.
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23 October 1991 |
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Conviction quashed due to unsafe, contradictory identification and lack of corroboration; appellant to be released unless lawfully detained.
Criminal law – robbery with violence – identification of accused – reliability of identification at night – contradictions in complainant’s evidence and absence of identification parade. Evidence – child witness – s.127(3) Evidence Act – need for caution and corroboration. Accomplice/mention – co-accused’s mention of another accused requires caution and independent corroboration. Conviction unsafe where identification evidence is not absolutely watertight.
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22 October 1991 |
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Insufficient identification of a thermos flask led to quashing one appellant's conviction; chairs with initials and recent possession upheld the other's conviction.
Criminal law – burglary and stealing – identification of stolen property – adequacy of identification of common articles (thermos flask) by complainant. Criminal law – identification marks on goods – initials on office chairs as satisfactory identification. Criminal law – doctrine of recent possession – application where stolen goods found within months of burglary. Appeal – sufficiency of evidence to sustain conviction and sentence.
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22 October 1991 |
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22 October 1991 |
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Conviction requires reliable identification of stolen property; recent possession can sustain conviction, mere resemblance is insufficient.
Criminal law – Theft/burglary and receiving stolen property – Identification of stolen property – sufficiency and reliability of identification evidence. Recent possession doctrine – application where stolen goods recovered shortly after offence. Evidence – risk of post-seizure alteration of identifying marks and its effect on admissibility/weight of identification.
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22 October 1991 |
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Reported
Appeal dismissed except third count; first count recharacterised as obtaining by false pretences, personation conviction upheld.
Criminal law – Obtaining by false pretences (s.302 Penal Code) – False accusation of offence where no offence existed – Personation of public officer (s.100(1) Penal Code) – Attempted extortion (s.290(1) Penal Code) – Duplication of offences and quashing of redundant count.
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21 October 1991 |
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False representation as a police officer sustains convictions for personation and obtaining goods by false pretences; attempted extortion quashed.
Criminal law – personation of a public officer (s.100(1) Penal Code) – obtaining goods by false pretences (s.302 Penal Code) – attempted extortion (s.290(1) Penal Code) – where false representation as police induced payment, conviction for false pretences appropriate; attempted extortion duplicative and quashed.
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21 October 1991 |
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Application for bail pending appeal dismissed: no overwhelming prospects of success, illness insufficient, and offence does not justify release.
Criminal procedure – Bail pending appeal – Jurisdiction under Appellate Jurisdiction Act s.10(a) and Criminal Procedure Act – assessment of prospects of success on appeal.* Bail pending appeal – medical grounds – prison medical services and continuation of clinic care may negate necessity for release.* Bail pending appeal – nature of offence and lawful imprisonment not alone sufficient to justify release.
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21 October 1991 |
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Substitution of charge under s.234 CPA upheld; file returned for trial to continue and applicant given opportunity to elect and recall witnesses.
Criminal procedure – Substitution of charges under section 234 Criminal Procedure Act – validity and prejudice to accused; Recusal/transfer of trial under section 190 – requirements and timing of in‑court application; Right to recall witnesses and to elect on substituted charge; Review of magistrate’s procedural decisions.
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21 October 1991 |
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Flight from the scene or custody alone does not establish guilt; prosecution failed to prove possession and trial procedure was flawed.
Criminal law – conviction in absence – procedure when accused absconds – necessity to invoke correct provisions of Criminal Procedure Act before proceeding.* Evidence – circumstantial inference from flight – flight alone insufficient to prove guilt or party liability.* Evidence – possession – prosecution must prove presence and possession of noxious plant to establish offence.
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21 October 1991 |
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Reported
Conviction quashed: flight alone and misapplied procedure did not establish a prima facie case.
Criminal procedure — disappearance of accused during prosecution case — correct application of s226 (not s227) of the Criminal Procedure Act; evidence — prima facie case — flight from scene insufficient to establish participation in burglary/stealing; conviction in absentia — requirements and limits; lack of evidence for unlawful possession of noxious plant (bhang).
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21 October 1991 |
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Whether electrocution was proved and whether failure to secure live wiring amounted to gross‑negligence manslaughter.
Criminal law – Manslaughter by negligence – Proof of electrocution by eyewitness and medical evidence; standard of gross negligence required for culpable homicide; liability of those who arrange insecure live wiring; acquittal where accused had no role in wiring.
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21 October 1991 |
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Appellate court upheld robbery conviction, finding identification and circumstantial evidence sufficient and the appellant's account unconvincing.
Criminal law – Robbery with violence; identification evidence; circumstantial evidence; assessment of witness credibility; appellate review of factual findings.
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19 October 1991 |
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Appellant's conviction for housebreaking and stealing quashed due to insufficient evidence and improper reliance on accessory-after-the-fact reasoning.
Criminal law – housebreaking and stealing – sufficiency of evidence to show participation; receiving stolen property – knowledge requirement; accessory after the fact – distinct offence and cannot substitute for being a 'party' to the principal offence; conviction quashed for insufficient evidence.
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18 October 1991 |
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Circumstantial evidence and failure to report theft justified conviction of watchman for storebreaking and stealing; appeal dismissed.
Criminal law – circumstantial evidence – conviction of watchman for theft from godown; failure to notify police as relevant to credibility; absence of forced entry and possession of keys as indicia of opportunity and guilt; sentence lenient but not enhanced.
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18 October 1991 |
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Reported
Guilty plea, youth and first‑offender status mitigate sentence; uncorroborated co‑accused statements and silence cannot sustain conviction.
Sentencing – consideration of guilty plea, first‑offender status and youth as mitigating factors; reduction of excessive sentence. Evidence – statements of co‑accused require material corroboration (s.33 Evidence Act); mere mention by a co‑accused is insufficient to convict. Criminal procedure – an accused’s silence and adverse inference cannot by itself support a conviction without independent evidence of guilt.
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18 October 1991 |
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First appellant's six-year sentence reduced for youth and first-offender status; second appellant's conviction quashed for lack of corroborative evidence.
Criminal law – theft – conviction based principally on co-accused statements – accused’s silence at close of prosecution – need for corroboration (Evidence Act s.33). Sentencing – mitigation for youth and first offender – reduction of excessive term.
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18 October 1991 |
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Conviction for theft by public servant upheld on receipts, records and voluntary confession; minimum sentence affirmed.
Criminal law – Theft by public servant – Evidence – Admissibility of confession and reliance on documentary/circumstantial evidence (receipts, cash transmit records) to prove failure to remit public funds; sentencing – minimum prescribed term considered lenient but not interfered with.
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18 October 1991 |
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18 October 1991 |