Director of Public Prosecutions v Eden (a pseudonym)

[2019] VCC 459

IN THE COUNTY COURT OF VICTORIA Revised
Not Restricted
Suitable for Publication

AT MELBOURNE
CRIMINAL JURISDICTION

DIRECTOR OF PUBLIC PROSECUTIONS

v

THOMAS WILLIAM EDEN (A PSEUDONYM)

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JUDGE:	HER HONOUR JUDGE RIDDELL
WHERE HELD:	Melbourne
DATE OF HEARING:
DATE OF SENTENCE:	4 April 2019
CASE MAY BE CITED AS:	DPP v Eden (a pseudonym)
MEDIUM NEUTRAL CITATION:	[2019] VCC 459

REASONS FOR SENTENCE
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Subject:
Catchwords:
Legislation Cited:
Cases Cited:
Sentence:

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APPEARANCES:	Counsel	Solicitors
For the Director of Public Prosecutions	Mr A. McKenry	Ms Treasure, Office of Public Prosecutions
For the Accused	Mr C. Thomson	Mr Barratt, James Dowsley and Associates

HER HONOUR: 

Summary

1Thomas William Eden[1], after a trial last August you were found guilty by a jury of seven charges of sexual offending against your only daughter, Bianca[2].  Those offences occurred between 2011 and March 2015.  Your daughter during that period was aged approximately nine years old to 15 years old.  You were aged in your mid-forties. 

[1] Pseudonym used to protect the identity of the Victim in this matter.

[2] Pseudonym used to protect the identity of the Victim in this matter.

2You were living in the family home in Karingal with your wife Gabrielle,[3] who is Bianca's mother, and with Bianca's three younger brothers.  From when Bianca was about five years old through to when she was 14 years old you regularly sexually abused her.  That abuse progressed in seriousness.  It started with slapping and grabbing her bottom when she was very young.  From about Grade 3 you had her remove her upper clothing so that you could watch her in her crop top.  When she was between Grade 3 and 5 you started to walk in on her showering.  On numerous occasions you masturbated and verbally abused her as you watched her.

[3] Pseudonym used to protect the identity of the Victim in this matter.

3You were threatening and abusive to your daughter at other times, too.  You called your daughter ‘slut’, ‘whore’, ‘cunt’, and other names.  This was corroborated by her mother.  Bianca also says you made nasty remarks like, "Oh, you're ugly.  You're fat.  I wish you weren't my daughter". 

4You obtained her silence and compliance as a result of the fact that you were frequently physically violent towards her, including by punching, kicking, pulling her hair and hitting her with a piece of dowel or bamboo.  Your wife spoke of this also and said there was an atmosphere of tension and abuse in the household.

5Evidence of this broader misconduct behaviour towards Bianca was led as evidence of context and to provide the true setting for your offending behaviour.  In relation to sentence, I do not sentence you for that other misconduct, however, I take it into account to enable a more realistic assessment to be made of the nature, degree, and significance of your criminality in the charged offending.[4]

[4] See Weininger (2003) 212 CLR 629; Dunne [2003] VSCA 150; Rankin [2001] VSCA 158

Charges

6Turning to the specific charges.  You first commenced touching your daughter's breasts when she was about the end of Grade 5 to the beginning of Grade 6, that is 2011 to 12.  On the first occasion, which is particularised by way of Charge 1, your wife was at work and your sons were in bed.  It was night time. You entered Bianca's bedroom where she was in bed, watching television.  You told her that because she had got to the stage of having breasts, you had to touch them.  You apologised, you told her not to tell her mother or anyone.  You then sat on the bed, lifted her top, put your hand under her bra and played with her breasts. That is Charge 1, indecent act with a child under 16.  This incident was interrupted when you heard your wife's car entering the driveway. 

7After this occasion and up until Bianca was in about Year 8 at school, that is 2014, you repeatedly entered her bedroom at night and touched her breasts. You wife observed that towards the end of 2011 her previously happy daughter's behaviour changed dramatically.  She appeared depressed and commenced self-harming by cutting her body and isolating herself.

8From about the time she was in Year 8, that is 2014, you commenced taking Bianca's clothes off and fondling her breasts.  This happened on at least five occasions.  The first time this happened, which is Charge 2, was when she had started attending a new school.  She described herself as being happy, dancing in her bedroom to music.  Her mother was outside.  You entered her room and said she had no right to be happy.  You forced her back on to the bed before removing her leggings and underwear.  You took her top and bra off.  You then stared at her and rubbed your fingers up and down her stomach and all over her breasts.  That is Charge 2, indecent act with a child under 16.  You fondled her breasts for a few minutes before walking out of her room.

9In July/August 2014 your daughter was hospitalised for overdosing on Panadol. 

10In 2015 when Bianca was in Year 9 at school you commenced digitally penetrating her vagina.  This occurred about four or five times between approximately January and March of that year, often on occasions when she says she was upset or distressed. 

11The first time you digitally penetrated her, which is Charge 3, was in about January or February 2015 shortly before her 14th birthday. It was night time and her mother was at work.  Bianca was in her bedroom.  She was feeling very upset and was crying.  You entered her room and said to her, "This is our little secret".  She says, "He used to say that quite often then".  She was on her bed.  You told her to take off her pants.  She said, "I had to take them off because otherwise he was going to hit me if I didn't, so I had to take them off.  I had to take my underwear off".

12You knelt at the end of the bed, spread her legs apart, and inserted your fingers into her vagina, repeatedly pushing them in and out.  That is Charge 3 of incest.  She was in pain and says she felt ‘horrible and disgusting’.  You then told her to put her pants back on.  You walked out of the room.  She described a burning and stinging pain for a few days after this incident and general discomfort.

13When Bianca was in about Year 9 at school, 2015, you commenced forcing her to masturbate your penis.  This occurred on three or four occasions.  On the first occasion this happened Bianca was in her bedroom.  You entered the room, you inserted your finger into her vagina, that is Charge 4 of incest.  You then told her that she should help you and masturbate you.  She asked if she had to.  You said yes and tried to persuade her, including by offering money.  She then placed her hand on your penis and masturbated you.  That is Charge 5, indecent act with a child under 16.  You then said she had hurt you.  You left her room, you did not ejaculate.

14The last occasion when you sexually abused your daughter was in March 2015, just after her 14th birthday party.  She was at home during the day with you.  Her mother was out shopping with her grandmother.  Her brothers were not home.  She was in the lounge room.  You grabbed her by the hands and told her ‘it was all her fault’.  You forcibly took her to her bedroom and locked the door.  You threw her on the bed and held her down while she was kicking and screaming.  You removed her clothes, again telling her it was ‘all her fault’.  She was crying.  She said, "Once he got my clothes off he, like, made sure that I didn't move and I was physically scared and felt weak so I just lay there, crying, because there was nothing I could do.  He had my door locked so I couldn't get out".

15You then removed your shorts and underwear.  You commenced masturbating and continued until you ejaculated on her stomach and chest, before smearing your ejaculate over her.  She says, "He was playing with himself, like in front of me, and when he eventually finished his thing he did it all over me and I was feeling disgusting and physically felt like I was going to vomit because it's disgusting.  He was rubbing it all over me, and because I had no clothes on he was playing with my breasts and he kept rubbing his fingers down my stomach and then he eventually started playing with me down below and fingered me till it suited him, till he felt as though, you know, he's finished his job.  Then he stormed out and went and sat in the lounge room".

16That incident is represented by Charge 6, indecent act with a child under 16 in relation to the masturbation and Charge 7 of incest in relation to the digital penetration.  She says in relation to that that you moved your fingers in and out of her vagina.  You yelled at her at the end of that incident, calling her a "worthless piece of junk" and telling her it was all her fault and not yours.  You told her not to tell anyone, threatened to have bikies after her if she did, before leaving her in tears.  She says she had a shower because she felt disgusting.  She says, "At that point I was self-harming because of what he was doing and I felt as though that was my escape.  I ended up having a shower and ended up self-harming.  He pretended nothing happened".

17In April/May 2015 you and your wife Gabrielle separated.  Bianca was placed in foster care in August 2015 with a family friend by the name of Julian Rowe.[5]  In October 2015 she made an initial complaint to him about the abuse by you.  During the summer holidays commencing in December 2015 she made a more fulsome complaint, telling him she did not want him to tell anyone because she was in fear of you. 

[5] Pseudonym used to protect the identity of the Victim.

18Unbeknownst to her, Mr. Rowe tape recorded her complaint.  She told him numerous details about the offending.  She said she did not want to be the cause of you going to gaol as she feared her brother would have nowhere to live and another brother would turn against her.

19In April 2016 Bianca repeated that complaint to DHHS.  On 5 April 2016 she made a video and audio recorded evidence statement which became her evidence-in-chief at the trial. 

20On 5 April 2016 you were arrested and participated in a lengthy record of interview during which you denied that offending.  You maintain that denial to today. 

21You pleaded not guilty to these offences and you ran a trial.  That, of course, is your right; however, in the sentencing context it means you do not receive any discount.

22The maintenance of your denial, including to those experts who have assessed you, your allegations that these matters are a set up by Bianca and/or your ex-wife and/or Mr Rowe, demonstrate your lack of remorse for your offending.  I will return to those matters in due course.

23The maximum penalties for indecent act with a child under 16 years and incest are ten years and 25 years respectively.  The latter amply demonstrates the gravity and seriousness of incest offences.  General deterrence, denunciation and protection of the community loom large in matters such as this. 

Offence Gravity

24In assessing the specific gravity of your offending I note the following: 

25The victim in this matter is your biological daughter.  In my view, offending against your own child makes this a more serious offence than one committed against a stepchild victim.  As your daughter, and your only daughter, she was entitled to your love, affection, and protection.  The breach of trust in that sense is significant.

26Your breach of trust also extends to the trust placed in you by Bianca's mother, your now ex-wife.  She is a woman with her own mental health issues and who relied on you to play an active role in the care of your shared children. 

27Your offending occurred over many years.  It occurred in an atmosphere where you secured Bianca's silence and compliance by your aggressive and abusive behaviour towards her, including verbal abuse and physical violence. 

28You paid no attention to your daughter's state of upset during your offending, not to her tears or protests and not even when she was kicking and screaming for you to stop.  She in fact describes you as laughing at her and telling her, "This is all your fault".

29You continued your sexual abuse of her despite observing your daughter engage in acts of self-harm and a number of overdoses.  A great deal of that behaviour was caused by your sustained sexual abuse of her.  Some was prompted by issues of bullying she was experiencing at school.  Nonetheless, she was a vulnerable girl experiencing mental and emotional trauma and yet you persisted. 

30In fact, your offending became more and more serious as time progressed, despite her increasing distress.  It culminated in penetrative offences. 

31The brazenness of your conduct is demonstrated by the fact you were prepared to abuse Bianca even when other people were in the house, including her mother.  Your power in that environment is apparent from the brazenness of your conduct.

32These events happened to Bianca in her family home where she was entitled to feel safe. 

33At various times you told your daughter not to tell anyone, this was "our little secret", you made threats against her, including that you would get bikies on to her. 

34In relation to Charge 6 where you smeared her body with your ejaculate, I view that as a particularly degrading and aggravating feature of that offence.  To my mind, that incident represented by Charges 6 and 7, is the most serious of these offences before me.  Second to that is Charge 3, which is the first time you digitally penetrated her vagina.  

35In my view, these are serious examples of these offences.

Victim Impact

36In addition to the impact your offending has had directly on your daughter's mental health and wellbeing, it has also had a significant effect on her relationship with her mother and with her younger brothers.  Additionally, it has had a serious effect on your ex-wife. 

37I have received victim impact statements from both Bianca and her mother Gabrielle.  Bianca struck me as an intelligent, thoughtful and well-spoken young lady who gave a remarkably matter-of-fact account of her life under your rule.  Clearly, the jury found her both credible and reliable.  In her victim impact statement she describes feeling scared and confused and angry.  She says she felt all alone as she believed she had no one to protect her.

38She describes her trauma, depression and anxiety and her struggles with her mental health, including having nightmares and flashbacks, anxiety and panic attacks.  She says her relationship with her brother Noah[6] has been particularly affected and that her life has changed in many ways.

[6] Pseudonym used to protect the identity of the Victim

39Her mother Gabrielle says these events have impacted her greatly.  She says, "I feel guilty all the time.  I can't enjoy life the way I used to.  I am so angry at what has happened to my daughter and feel as a mother I failed her.  I feel guilty because I'm supposed to protect her from harm".  Her relationship with her daughter has gone from being extremely close to extremely strained.  Sadly, these feelings are common for many mothers whose children are the victims of the secret deception of sexual offences within their homes.

40Gabrielle says for herself she suffers anxiety and depression.  Her already fragile mental health has deteriorated to a point that she required hospitalisation around the time of the trial; she suffered extreme anxiety, including having her own suicide attempt.

Personal Circumstances

41I turn now to your personal circumstances.  You were born in Melbourne, the oldest of two siblings.  You have a younger sister.  Your mother had severe mental health issues; apparently diagnosed with schizophrenia, she was maintained on antipsychotic medication.  When you were about five years old she tried to drown you but you were rescued by your father.  Clearly, there was very great difficulty in your family home. 

42Your parents separated when you were about nine years of age.  While your father remained in contact with you and your sister, he eventually started a new life and remarried.

43Your mother also re-partnered.  Your stepfather was physically and verbally abusive towards you and you report that your mother failed to protect you or intervene.  She was apparently given an ultimatum by her new husband when you were about 15.  She chose him, and you were subsequently evicted from the family home. You returned to help your sister leave.  From that time you were effectively living on your own, staying with friends or living on the streets. 

44Your schooling was difficult. You had marked learning difficulties and struggled with literacy and numeracy.  You report having remedial support during your education and that your behaviour was disruptive.  You went through secondary school until about Year 10 at Preston Tech.  You left school around the time you were evicted from your home.  You have a reading proficiency at Grade 3 equivalent. 

45After receipt of a psychological report from Ms Carla Ferrari the matter was adjourned for a neuropsychological assessment to determine more specifically your cognitive capabilities. 

46Your cognitive capacity has been assessed by
Dr Matt Treeby, neuropsychologist.  He reports that your intellectual functioning is such that you are properly diagnosed as having a mild intellectual disability.  Your IQ according to him is 68, that is on the second percentile.  He says your cognitive limitations are long-standing.  He says you will almost certainly experience greater functional difficulties compared to most other individuals your age due to that mild intellectual disability.

47He says you have some degree of executive dysfunction including impairments in cognitive flexibility and impulse control.  In his view you will require some degree of lifelong assistance with complex activities of daily living. 

48I take into account your cognitive limitations in determining the appropriate sentence; however, you counsel specifically disavowed any reliance on Verdins.  Indeed, according to Dr Treeby, he says, "While Mr Eden clearly has significant cognitive limitations, his intellectual disability alone cannot account for his offending behaviour".  A similar conclusion was drawn by Ms Ferrari.

49You have had a number of unskilled positions since your schooling, including working at a timber mill, doing deliveries and cleaning at both Rosebud and the Alfred Hospital.  You were working as a cleaner at Rosebud Hospital around the time of this offending. 

50You and Bianca's mother Gabrielle were married for 16 years.  You share four children: Bianca, Noah, aged 15, Tyson,[7] aged 12, and Jayden,[8] aged six.  Your relationship with Gabrielle was very difficult.  There were a number of family violence orders taken out by her against you.  DHS were involved at times.

[7] Pseudonym used to protect the identity of the Victim.

[8] Pseudonym used to protect the identity of the Victim.

51Your ex-wife was diagnosed with bipolar affective disorder, and after working for about three or four years at the Alfred Hospital cleaning, you gave up that position to become her fulltime carer.  When your son Noah was aged about five he was diagnosed with attention deficit hyperactivity disorder, Asperger's or autism spectrum disorder, and oppositional defiance disorder.  You were also a fulltime carer for him. 

52It is clear from your record of interview and the evidence of your ex-wife and your daughter, that you and Noah in particular are extremely close and that you had been a dedicated parent to him.  You have developed ways of managing his problematic behaviours and he became largely dependent on you.

53Your son Tyson also has behavioural issues and, similarly, you have been very devoted in your parenting of him.  Noah was residing with you at the time of your arrest.  You report that it is particularly difficult being away from Noah, who has been so very dependent on you, and I accept that.  At the time of your arrest he was placed into residential care because his mother was unable to manage his difficult behaviours.

54You became a Born Again Christian and you and your wife regularly attended church with your children.  You say your faith is now sustaining you in custody.  Those Christian beliefs, of course, are in stark contrast to the offending behaviour with which I am dealing. 

55I do take into account your positive work history, despite your limitations.  I take into account the fact that you were the primary carer for your two sons who have serious behavioural and mental health issues.  I take into account your separation from them is difficult and in this sense your time in custody will be made more difficult.

56In assessing your prospects of rehabilitation I was assisted both by the report from Dr Treeby and to some extent by a report from Carla Ferrari, psychologist.  I have already referred to a number of matters contained in the report from
Dr Treeby in relation to your overall cognitive function. 

57Dr Treeby states also that based on the available information his impression is that you meet the formal criteria for a DSM-5 diagnosis of pedophilic disorder.  Part of that information relates no doubt to your prior criminal history.  That history is limited but telling.

58In 1988 when you were 18 years of age you were convicted of a charge of unlawful sexual intercourse.  The victim of that offence was an eight-year old girl.  In the context of your homelessness her father offered you board.  You were living with them in South Australia at the time you offended against his daughter. 

59That offence also related to an act of digital penetration, occurring on one occasion.  You ran a trial in relation to that offence; however, a jury found you guilty.  You were sentenced for that offence to a term of three years' imprisonment.  That offending also breached a suspended sentence imposed for a charge of false pretences, therefore the total effective sentence you received at the end of your trial was three years and three months with a non-parole period of 20 months.

60The sentencing judge on that occasion referred to your unfortunate personal history, including your difficult upbringing and the fact that you were in the borderline range of intellectual functioning.  He indicated that despite your cognitive limitations, "I must recognise that you still knew what you were doing was wrong".  Further, he said, "You and other people in the community must learn that no form of abuse of children will be tolerated".

61Ms Ferrari was cross-examined and it did become apparent that she had not taken into account a number of relevant matters.  Most importantly, she did not have the sentencing remarks from South Australia.  She conceded that given the circumstances of that prior offending her assessment of your risk of sexual reoffending is moderate to high as a minimum and that she could not exclude the possibility that you are a high risk of reoffending.

62Both of the experts who assessed you were limited by the fact that you continued to deny both your prior conviction and your offending against Bianca.  Those denials also play a part in my assessment of you and in my consideration of the appropriate sentence.  They are relevant to issues of specific deterrence and your prospects of rehabilitation.

63In relation to your past offending in South Australia, you maintain your innocence and allege that is some form of set up.  You expressed a view to the expert assessors that it is irrelevant and ‘the problem is lawyers, psychologists and judges keep bringing it up’. 

64In relation to offending against your daughter, similarly you deny this offending.  You told Mr Treeby that you will appeal your conviction and you have the right, of course, to pursue that avenue; however, I must respect the jury's verdict.

65I therefore take into account your ongoing denial of your offending against your daughter as a factor which impacts negatively on my assessment of your prospects of rehabilitation and as indicating that the sentence I impose must include an element of specific deterrence. 

66Your denials are not simply protestations of your innocence.  You claim that these allegations are a vindictive attempt by your wife and/or daughter to punish you for infidelity through the marriage and which ultimately led to the breakdown of your relationship.  You claim that perhaps Bianca was jealous of your relationship with her brothers. 

67You attempted to sheet home the blame for these allegations to
Mr. Rowe, your daughter's foster carer, alleging that either he had put her up to this or that they were having some form of illicit relationship and he was using you for deflection. 

68By their verdicts the jury rejected those allegations.  They heard cross-examination, they heard submissions, and they were told to consider those matters carefully.

69You indicated to Dr Treeby that you would be disinclined to participate in behaviour change programs or formal counselling, saying, "Why do I need counselling for something I haven't done?"  Ms Ferrari also opined that you are unlikely to engage meaningfully in any programs within the prison.  That is a matter for you; however, it does not bode well for your rehabilitation.

70I do accept your counsel's submissions that your lack of self-awareness and low level of intellectual functioning may have some part to play in your ongoing and concrete stance. 

71I take into account by those expressions of your denials that you have no remorse or victim empathy, although you do say your religious beliefs have helped you forgive your wife and daughter and that you feel sorry for them. 

72I take into account that along with your South Australian prior you also have a conviction in 2007 for breaching an intervention order in relation to contact with Ms Gabrielle Camden.  That intervention order was taken out after these allegations were made.

73In summary, I am mindful of higher courts, and particularly in the matter of Dalgleish[9], indicating that sentences for incest and indecent acts committed against a child who is related to an offender must better reflect the gravity of that offending. 

[9]Director of Public Prosecutions v Dalgleish (a pseudonym) [2017] HCA 41

74As I have already stated, in my view this is a serious example of protracted offending and with features of aggravation as I have listed.  They include devastating consequences for the victim and her mother. 

75There is no benefit of a plea of guilty or of any remorse. 

76They are committed by a man with a similar prior conviction for which you served a term of imprisonment. 

77You are at least a moderate to high risk of reoffending, though in my view more likely a high risk. 

78Your prospects of rehabilitation are extremely guarded.

79On the other hand, I take into account your very deprived early years, your serious and real cognitive limitations, the fact you did make something of your life by way of employment, and your care for your sons, and that separation for them will be very difficult.

80The sentence I impose must express the community and the court's denunciation for such vile offending. It must punish and it must protect the community. To that last point I note that all charges on this indictment are relevant sexual offences for the purposes of Part 2A of the Sentencing Act 1991. If I impose a term of imprisonment on two or more of these offences you then fall to be sentenced as a serious sexual offender for the remainder. Protection of the community therefore has primacy and there is a presumption of cumulation.

81A disproportionate sentence was not urged upon me and I will not impose one.  I have also been mindful of the concept of totality in determining the appropriate term of imprisonment.  If you could stand please, Mr Eden.

82The sentence I impose is as follows: 

83On Charge 1 you are convicted and sentenced to three years' imprisonment. 

84On Charge 2 you are convicted and sentenced to three and a half years' imprisonment. 

85I note that you fall to be sentenced as a serious sexual offender on the remaining charges and I direct that that notation of your status be entered into the records.

86On Charge 3 you are convicted and sentenced to five years' imprisonment. 

87On Charge 4 you are convicted and sentenced to four years' imprisonment. 

88On Charge 5 you are convicted and sentenced to three years' imprisonment.  On Charge 6 you are convicted and sentenced to six years' imprisonment. 

89On Charge 7 you are convicted and sentenced to five years' imprisonment.

90In relation to cumulation I make the following orders.  I direct that Charge 6, the sentence of six years, be the base sentence.  I direct that on Charge 1 six months of that sentence be served cumulatively.  On Charge 2 I direct that one year of that sentence be served cumulatively.  On Charge 3 I direct that two years of that sentence be served cumulatively.  On Charge 4 I direct that one year of that sentence be served cumulatively.  On Charge 4 I direct that one year of that sentence be served cumulatively.  On Charge 5 I direct that six months of that sentence be served cumulatively and on Charge 7 I direct that one year of that sentence be served cumulatively.

91The total effective sentence therefore that I impose on you is 12 years' imprisonment.  I direct that you are to serve a period of nine years and eight months before becoming eligible for parole.

92Pre-sentence detention figure?

93MR McKENRY:  217 days, Your Honour.

94HER HONOUR:  Thank you.  I declare that you have already served 217 days which is attributable to this sentence as pre-sentence detention. 

95In relation to the Sex Offenders Registration Act, Charges 1, 2, 5 and 6 are Class 2 offences pursuant to Schedule 2 of that Act, Charges 3, 4 and 7 are Class 1 pursuant to Schedule 1 of that Act.  Pursuant to s.34(1)(c) of that Act you must report for the remainder of your life, having been found guilty of two or more Class 1 offences.

96Finally, an application for a forensic sample was made under s.464ZF.  I note you do not oppose the making of that order and I propose to make it in the terms sought.  Have a seat, Mr Eden.

97We will have the Sex Offenders Registration documentation printed out so that Mr Eden can sign that. Any other issues, counsel?

98COUNSEL:  No, Your Honour.

99HER HONOUR:  Thank you.

100MR THOMSON:  May I approach the dock, Your Honour?

101HER HONOUR:  Yes, absolutely.  Thank you. 

102Mr Eden, I note that you have been provided with documentation in relation to your obligations under the Sex Offenders Registration Act.  I understand you have refused to sign the acknowledgment form that you have been given that information.  There is provision on this pro forma for that to be noted, it has been noted, but I am satisfied that you have been given that documentation and had that explained to you.

103In relation to the 464ZF application, so that is the forensic sample that I have ordered, I advise you that reasonable force can be used in order to take that sample if you do not comply with that request.

104Thank you, we will have Mr Eden removed, please.  Thanks, counsel, for your assistance in this matter.

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