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Great day For JUSTICE!!! |
29 Jan 2012 18:16 #72841
by Sultana
Shafia jury finds all guilty of 1st-degree murder
A Montreal couple and their son were all convicted Sunday of first-degree murder in the deaths of four family members in a case the judge called "despicable,' "heinous," and stemming from "a completely twisted concept of honour."
Mohammad Shafia, his wife Tooba Yahya and their son Hamed had pleaded not guilty.
They were accused of killing Hamed's three sisters and their father's childless first wife in a polygamous marriage.
The bodies of Zainab, 19, Sahar, 17, and Geeti Shafia, 13, along with Rona Mohammad Amir, 50, were found dead in the family’s Nissan, submerged in the Rideau Canal on June 30, 2009.
"It is difficult to conceive of a more despicable, more heinous crime," Justice Robert Maranger said.
"The apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour ... that has absolutely no place in any civilized society," he said.
'We didn't commit the murder'
When Maranger asked if they each wanted to say anything, they each declared their innocence.
"We are not criminal, we are not murderers, we didn't commit the murder and this is unjust," Mohammad Shafia said through a translator.
"Your honourable justice, this is not just. I am not a murderer, and I am a mother, a mother," Yahya said.
Hamed Shafia said in English: "Sir, I did not drown my sisters anywhere."
One female juror started crying after the verdict was read, wiping her eyes. Hamed grabbed a hold of the prisoners' box for support, his parents rubbing his back as each juror affirmed that guilt was their verdict.
Outside the court house, the chief prosecutor said, "This is a good day for Canadian justice," adding that the four were "murdered by their family in the most troubling of circumstances," Gerard Laarhuis said.
"This verdict sends a very clear message about our Canadian values and core principles in a free, democratic society that all Canadians enjoy and even visitors to Canada enjoy," he said.
Patrick McCann, Hamed’s lawyer, told The Canadian Press that he was disappointed and didn’t understand how the Crown’s theory could fit. He said his client will appeal and likely his parents will as well.
The verdict came after about 15 hours of deliberations, less than 48 hours after they were first charged by Maranger.
They were each handed an automatic life sentence with no chance of parole for 25 years.
Moosa Hadi, the private investigator hired by the Shafia family to find "the truth", was taken off the property by police after shouting at the prosecutor that the decision was an "injustice."
3-month trial
During the nearly three-month-long trial, the Crown maintained the family road trip was part of a plot to kill the four because they had tainted the family’s honour. The Crown alleged the family's patriarch was upset that his two eldest daughters wanted boyfriends, betraying his traditional Afghan values.
The Shafias moved to Canada in 2007. They fled their native Afghanistan more than 15 years earlier and had lived in Dubai and Australia before moving the family to Montreal and applied for citizenship.
At the time of the deaths, they were all permanent residents, except for Amir who had only a visitors’ visa.
They told authorities, and initially maintained after the deaths, that Amir was Shafia’s cousin.
Shafia, by all accounts a prosperous business man, owned commercial property in the Montreal area and ran a business buying used cars in North America and shipping them overseas.
Rona Amir was Shafia’s first wife. The couple wed in an arranged marriage in Kabul before civil war broke out in their homeland. Amir wasn’t able to conceive and encouraged Shafia to take another wife, which he did in 1989, marrying Tooba Yahya in another arranged marriage.
Yahya and Shafia had seven children, which Rona helped to raise. Court heard Yahya gave daughter Sahar to her co-wife to raise as her own.
However, the family situation deteriorated for Amir over time. Her diary details her trials and tribulations in the family and states she was like a servant to the preferred wife, Yahya, in the year before her death. She describes a lonely life in Canada and that she would “wander in parks and cry.†Court also heard testimony about her unsuccessful request for a divorce. According to the diary, Yahya likened her to a dead weight.
Eldest daughters had secret boyfriends
Zainab and Sahar, the two eldest daughters, also had trouble assimilating into life in Montreal within strict the boundaries of household rules, which included a prohibition on relationships with boys. Both had secret boyfriends, wore fashionable clothes and, according to evidence heard in court, resisted pressure from their parents and eldest brother to wear the hijab.
They both reported incidents or threats of violence from their father and brother to authorities.
Geeti was, as the Crown described, a rebel. While there’s no evidence to show she was hiding any boyfriends, she also resisted her family’s rules and had been caught shoplifting and expelled from class for wearing a shirt deemed too revealing.
The defence tried to discredit these witnesses, pointing out long-standing animosity between Shafia and Yahya’s family members and suggested they had made up the events.
The murder plot came to include Sahar, according to the Crown, when photos of her with boys and dressed in revealing clothes were discovered and a younger sibling spotted her at a restaurant with her boyfriend and reported it back to the parents and Hamed.
The photos, which the defence claimed were found after the deaths, were recovered by police in a suitcase in Hamed’s room. They were in a pocket that also contained his used boarding passes from a trip to Dubai to meet his father earlier in June.
Geeti and Amir were also killed because they had also been involved in acts of betrayal and couldn’t be counted on to tell the same story after the deaths, according to the Crown’s case.
While the jury had a significant amount of evidence to consider, more than 160 exhibits and testimony from nearly 60 witnesses, most of that evidence was circumstantial.
It included computer searches made on the Shafia laptop, most often used by Hamed, for things like “Where to commit a murder,†“Can a prisoner have control over his real estate,†and other various searches for bodies of water.
It also included seemingly damning wiretaps of the accused discussing the state of the Kingston Locks at night, making disparaging remarks about the women and, in Shafia’s case, remarks about the value of family honour.
The jury saw a series of police interviews with the accused where they at first all told the same story about the accident, but Yahya later claimed she had been there and fainted when the car went into the water. She later recanted that story.
They heard from collision experts who talked about damage on the Nissan that was consistent with coming into contact with the family’s Lexus SUV.
They heard from the motel manager in Kingston who recalled Hamed and Shafia checking in that night and telling him there would only be six guests in two rooms. He recalled them leaving after check in and seeing only one vehicle.
They heard arguments from the defence about a timeline of the night, based largely on cellphone records, which the lawyers said proved the accused wouldn’t have enough time to drown the women after reaching Kingston just before 2 a.m. and for Hamed to reach Montreal, where his phone was recorded at 6:48 a.m. on June 30.
What they didn’t hear was exactly how the women died. They drowned, that’s certain according to the forensic pathologist who signed off on their post mortem exams.
However, the Crown could not conclusively tell the jury where they drowned or why they sat seemingly calm in the Nissan with the window open and in relatively shallow water when they plunged to their deaths.
There was no evidence of any drugs in the women’s systems, according to toxicology reports.
3 victims had bruising on their heads
The Crown’s theory was they were drowned elsewhere or incapacitated then put in the car. That was supported by evidence of fresh bruising on the heads of three out of the four women
The car was in first gear when it was pulled from the water with the ignition off. The headlights were also off, the girls weren’t wearing seatbelts and the seats were reclined at an awkward angle.
This, the prosecution told the jury, supported the theory that they were placed in the car which was then pushed into the Locks by the family’s SUV. Pieces of the SUVs headlights were found at the scene.
However, the defence argued, without conclusive proof of how the car went into the water, no one would know exactly what happened that night and it may well have been an accident.
Hamed Shafia told another version of the events that night to a private investigator hired by his father after the arrests. He said that he followed the girls and rear ended the car by accident when they stopped short at the locks.
Car plunged into water
While he was picking up pieces of the broken headlight, the car plunged in the water as the driver was trying to turn around. He rushed over, called their names, dangled a rope in the water, but when no one responded he took off to Montreal and didn’t report the incident because he said he feared his father’s anger.
He then staged an accident in Montreal to cover the damage to the SUV.
Hamed’s lawyer told the court in his closing arguments his client was guilty of being “stupid†but not murder.
The jury, comprised of seven women and five men, listened to more than 40
- 0
Mohammad Shafia, his wife Tooba Yahya and their son Hamed had pleaded not guilty.
They were accused of killing Hamed's three sisters and their father's childless first wife in a polygamous marriage.
The bodies of Zainab, 19, Sahar, 17, and Geeti Shafia, 13, along with Rona Mohammad Amir, 50, were found dead in the family’s Nissan, submerged in the Rideau Canal on June 30, 2009.
"It is difficult to conceive of a more despicable, more heinous crime," Justice Robert Maranger said.
"The apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour ... that has absolutely no place in any civilized society," he said.
'We didn't commit the murder'
When Maranger asked if they each wanted to say anything, they each declared their innocence.
"We are not criminal, we are not murderers, we didn't commit the murder and this is unjust," Mohammad Shafia said through a translator.
"Your honourable justice, this is not just. I am not a murderer, and I am a mother, a mother," Yahya said.
Hamed Shafia said in English: "Sir, I did not drown my sisters anywhere."
One female juror started crying after the verdict was read, wiping her eyes. Hamed grabbed a hold of the prisoners' box for support, his parents rubbing his back as each juror affirmed that guilt was their verdict.
Outside the court house, the chief prosecutor said, "This is a good day for Canadian justice," adding that the four were "murdered by their family in the most troubling of circumstances," Gerard Laarhuis said.
"This verdict sends a very clear message about our Canadian values and core principles in a free, democratic society that all Canadians enjoy and even visitors to Canada enjoy," he said.
Patrick McCann, Hamed’s lawyer, told The Canadian Press that he was disappointed and didn’t understand how the Crown’s theory could fit. He said his client will appeal and likely his parents will as well.
The verdict came after about 15 hours of deliberations, less than 48 hours after they were first charged by Maranger.
They were each handed an automatic life sentence with no chance of parole for 25 years.
Moosa Hadi, the private investigator hired by the Shafia family to find "the truth", was taken off the property by police after shouting at the prosecutor that the decision was an "injustice."
3-month trial
During the nearly three-month-long trial, the Crown maintained the family road trip was part of a plot to kill the four because they had tainted the family’s honour. The Crown alleged the family's patriarch was upset that his two eldest daughters wanted boyfriends, betraying his traditional Afghan values.
The Shafias moved to Canada in 2007. They fled their native Afghanistan more than 15 years earlier and had lived in Dubai and Australia before moving the family to Montreal and applied for citizenship.
At the time of the deaths, they were all permanent residents, except for Amir who had only a visitors’ visa.
They told authorities, and initially maintained after the deaths, that Amir was Shafia’s cousin.
Shafia, by all accounts a prosperous business man, owned commercial property in the Montreal area and ran a business buying used cars in North America and shipping them overseas.
Rona Amir was Shafia’s first wife. The couple wed in an arranged marriage in Kabul before civil war broke out in their homeland. Amir wasn’t able to conceive and encouraged Shafia to take another wife, which he did in 1989, marrying Tooba Yahya in another arranged marriage.
Yahya and Shafia had seven children, which Rona helped to raise. Court heard Yahya gave daughter Sahar to her co-wife to raise as her own.
However, the family situation deteriorated for Amir over time. Her diary details her trials and tribulations in the family and states she was like a servant to the preferred wife, Yahya, in the year before her death. She describes a lonely life in Canada and that she would “wander in parks and cry.†Court also heard testimony about her unsuccessful request for a divorce. According to the diary, Yahya likened her to a dead weight.
Eldest daughters had secret boyfriends
Zainab and Sahar, the two eldest daughters, also had trouble assimilating into life in Montreal within strict the boundaries of household rules, which included a prohibition on relationships with boys. Both had secret boyfriends, wore fashionable clothes and, according to evidence heard in court, resisted pressure from their parents and eldest brother to wear the hijab.
They both reported incidents or threats of violence from their father and brother to authorities.
Geeti was, as the Crown described, a rebel. While there’s no evidence to show she was hiding any boyfriends, she also resisted her family’s rules and had been caught shoplifting and expelled from class for wearing a shirt deemed too revealing.
The defence tried to discredit these witnesses, pointing out long-standing animosity between Shafia and Yahya’s family members and suggested they had made up the events.
The murder plot came to include Sahar, according to the Crown, when photos of her with boys and dressed in revealing clothes were discovered and a younger sibling spotted her at a restaurant with her boyfriend and reported it back to the parents and Hamed.
The photos, which the defence claimed were found after the deaths, were recovered by police in a suitcase in Hamed’s room. They were in a pocket that also contained his used boarding passes from a trip to Dubai to meet his father earlier in June.
Geeti and Amir were also killed because they had also been involved in acts of betrayal and couldn’t be counted on to tell the same story after the deaths, according to the Crown’s case.
While the jury had a significant amount of evidence to consider, more than 160 exhibits and testimony from nearly 60 witnesses, most of that evidence was circumstantial.
It included computer searches made on the Shafia laptop, most often used by Hamed, for things like “Where to commit a murder,†“Can a prisoner have control over his real estate,†and other various searches for bodies of water.
It also included seemingly damning wiretaps of the accused discussing the state of the Kingston Locks at night, making disparaging remarks about the women and, in Shafia’s case, remarks about the value of family honour.
The jury saw a series of police interviews with the accused where they at first all told the same story about the accident, but Yahya later claimed she had been there and fainted when the car went into the water. She later recanted that story.
They heard from collision experts who talked about damage on the Nissan that was consistent with coming into contact with the family’s Lexus SUV.
They heard from the motel manager in Kingston who recalled Hamed and Shafia checking in that night and telling him there would only be six guests in two rooms. He recalled them leaving after check in and seeing only one vehicle.
They heard arguments from the defence about a timeline of the night, based largely on cellphone records, which the lawyers said proved the accused wouldn’t have enough time to drown the women after reaching Kingston just before 2 a.m. and for Hamed to reach Montreal, where his phone was recorded at 6:48 a.m. on June 30.
What they didn’t hear was exactly how the women died. They drowned, that’s certain according to the forensic pathologist who signed off on their post mortem exams.
However, the Crown could not conclusively tell the jury where they drowned or why they sat seemingly calm in the Nissan with the window open and in relatively shallow water when they plunged to their deaths.
There was no evidence of any drugs in the women’s systems, according to toxicology reports.
3 victims had bruising on their heads
The Crown’s theory was they were drowned elsewhere or incapacitated then put in the car. That was supported by evidence of fresh bruising on the heads of three out of the four women
The car was in first gear when it was pulled from the water with the ignition off. The headlights were also off, the girls weren’t wearing seatbelts and the seats were reclined at an awkward angle.
This, the prosecution told the jury, supported the theory that they were placed in the car which was then pushed into the Locks by the family’s SUV. Pieces of the SUVs headlights were found at the scene.
However, the defence argued, without conclusive proof of how the car went into the water, no one would know exactly what happened that night and it may well have been an accident.
Hamed Shafia told another version of the events that night to a private investigator hired by his father after the arrests. He said that he followed the girls and rear ended the car by accident when they stopped short at the locks.
Car plunged into water
While he was picking up pieces of the broken headlight, the car plunged in the water as the driver was trying to turn around. He rushed over, called their names, dangled a rope in the water, but when no one responded he took off to Montreal and didn’t report the incident because he said he feared his father’s anger.
He then staged an accident in Montreal to cover the damage to the SUV.
Hamed’s lawyer told the court in his closing arguments his client was guilty of being “stupid†but not murder.
The jury, comprised of seven women and five men, listened to more than 40
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30 Jan 2012 11:43 #72929
by Sultana
Shafia case tarnishing for Islamic community
Mohammad Shafia reacts as he his led away from the Frontenac County courthouse in Kingston, Ont., Sunday, January 29, 2012 after being found guilty of first degree murder of his three daughters and childless first wife. CANADIAN PRESS/Graham HughesTORONTO - The Shafia murder trial has cast a shadow over Canada's Islamic community, further tarnishing an image that has not yet recovered from the events of 911.
Muslims across the country, however, say the revelations in a Kingston, Ont., courtroom have shone a light on problematic aspects of their culture and illuminated new ways to tackle the issues.
For months Muslims say they've recoiled in horror at testimony alleging three members of the Shafia family plotted the deaths of four others in what prosecutors describe as an attempt to restore family honour.
The crown alleged three teenage Shafia sisters were killed after bringing shame upon the family by dating, shunning traditional religious garb and skipping school. The fourth victim, the family patriarch's first wife in a polygamous marriage, allegedly endured years of abuse and feared for her life in the weeks before she died.
Justice Robert Maranger, who presided over the case, noted Sunday how difficult it is to conceive of a crime more "despicable," "heinous" and "honourless."
"The apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour...that has absolutely no place in any civilized society."
Crown attorney Gerard Laarhuis suggested the verdict is a reflection of Canadian values and ultimately a rejection of those where freedom is denied.
"This verdict sends a very clear message about our Canadian values and the core principles in a free and democratic society that all Canadians enjoy and even visitors to Canada enjoy," he said.
Rona Ambrose, Canada's minister for status of women, took to Twitter to comment: #Shafia. Honour motivated violence is NOT culture, it is barbaric violence against women. Canada must never tolerate such misogyny as culture."
While many Muslims blanch at the term "honour killing," believing it to be a misrepresentation of the faith they practice, they say the deaths of the four Shafia women reveal the need to take a stronger stand against domestic violence in the community.
Days before Mohammad Shafia, his son Hamed and his wife Tooba Yahya were each found guilty of four counts of first-degree murder, one Ontario city launched a program meant to stop such slayings from taking place in the future.
The Family Honour Project, launched by the Muslim Resource Centre for Social Support and Integration in London, Ont., is an initiative specifically targeting the sort of violence that allegedly took place in the Shafia home.
Centre board member Saleha Khan said plans for the project were afoot long before the case came to trial, but said the story has given the initiative even more urgency.
Despite the fact that honour-based violence occurs in many different cultures besides Islam, the stereotypes revived by coverage of the Shafia trial could further isolate Muslim women, she said.
"It's really turned into an us vs. them," Khan said in a telephone interview. "It's basically created that kind of divide where...now, because of the kind of savagery that's been painted on that, people who possibly would be victimized won't come forward."
The program aspires to end honour-based violence by providing culturally tailored support for the victims and changing the behaviours of the perpetrators. The local initiative forms part of a broader call to action that went out coast to coast late last year.
Islamic religious leaders banded together last December to denounce honour killings from the country's mosques and educate Muslims about the call for gender equality at the heart of their faith.
Syed Soharwardy, a Calgary-based imam who founded the Islamic Supreme Council of Canada, said the Shafia case galvanized the community to address uncomfortable issues that too often get swept under the carpet.
Despite the fact that "honour killings" are explicitly condemned in the Qur'an, Soharwardy said such values sometimes take root in remote regions of Muslim countries where education is limited and scriptural doctrine is misinterpreted.
Imams were forced to speak out not only to protect their female followers from harm at home but to defend their religion from unjust vilification in the rest of Canada, he said.
The actions of one misguided family single-handedly revived stereotypes of violence and intolerance that have dogged the community since 911, he said.
"(Domestic violence) is not an epidemic. Once in a while we come across this," he said. "It puts a bad name in Islam, it creates a very negative image of Muslims, and it provides opportunities to Islamophobes to reignite hate against Muslims and badmouth our religion."
Community-based efforts, such as those launched by the imams, are the only effective way to combat honour-related crimes, according to one sociologist.
Aysan Sev'er, a professor at the University of Toronto specializing in the study of violence against women, said crimes involving a family's reputation must be treated differently from more conventional slayings.
Honour-based violence is communal in nature, she said, since it involves deep-rooted social traditions and extensive collaboration with others.
"There's a community component both in terms of putting pressure on the people and later on trying to justify, whitewash it, reduce the severity and so on," she said.
Experts agree the issues raised in the Shafia case have touched off dialogues that could have long-term benefits for the Muslim community.
Soharwardy said the trial's silver lining has come through conversations with women and youth that may once have been taboo.
"It motivates me to reach out to youth and women and those who are oppressed in their home," he said. "It gives you hope as well that after such tragedies, people do learn some lessons."
- 0
Mohammad Shafia reacts as he his led away from the Frontenac County courthouse in Kingston, Ont., Sunday, January 29, 2012 after being found guilty of first degree murder of his three daughters and childless first wife. CANADIAN PRESS/Graham HughesTORONTO - The Shafia murder trial has cast a shadow over Canada's Islamic community, further tarnishing an image that has not yet recovered from the events of 911.
Muslims across the country, however, say the revelations in a Kingston, Ont., courtroom have shone a light on problematic aspects of their culture and illuminated new ways to tackle the issues.
For months Muslims say they've recoiled in horror at testimony alleging three members of the Shafia family plotted the deaths of four others in what prosecutors describe as an attempt to restore family honour.
The crown alleged three teenage Shafia sisters were killed after bringing shame upon the family by dating, shunning traditional religious garb and skipping school. The fourth victim, the family patriarch's first wife in a polygamous marriage, allegedly endured years of abuse and feared for her life in the weeks before she died.
Justice Robert Maranger, who presided over the case, noted Sunday how difficult it is to conceive of a crime more "despicable," "heinous" and "honourless."
"The apparent reason behind these cold-blooded, shameful murders was that the four completely innocent victims offended your completely twisted concept of honour...that has absolutely no place in any civilized society."
Crown attorney Gerard Laarhuis suggested the verdict is a reflection of Canadian values and ultimately a rejection of those where freedom is denied.
"This verdict sends a very clear message about our Canadian values and the core principles in a free and democratic society that all Canadians enjoy and even visitors to Canada enjoy," he said.
Rona Ambrose, Canada's minister for status of women, took to Twitter to comment: #Shafia. Honour motivated violence is NOT culture, it is barbaric violence against women. Canada must never tolerate such misogyny as culture."
While many Muslims blanch at the term "honour killing," believing it to be a misrepresentation of the faith they practice, they say the deaths of the four Shafia women reveal the need to take a stronger stand against domestic violence in the community.
Days before Mohammad Shafia, his son Hamed and his wife Tooba Yahya were each found guilty of four counts of first-degree murder, one Ontario city launched a program meant to stop such slayings from taking place in the future.
The Family Honour Project, launched by the Muslim Resource Centre for Social Support and Integration in London, Ont., is an initiative specifically targeting the sort of violence that allegedly took place in the Shafia home.
Centre board member Saleha Khan said plans for the project were afoot long before the case came to trial, but said the story has given the initiative even more urgency.
Despite the fact that honour-based violence occurs in many different cultures besides Islam, the stereotypes revived by coverage of the Shafia trial could further isolate Muslim women, she said.
"It's really turned into an us vs. them," Khan said in a telephone interview. "It's basically created that kind of divide where...now, because of the kind of savagery that's been painted on that, people who possibly would be victimized won't come forward."
The program aspires to end honour-based violence by providing culturally tailored support for the victims and changing the behaviours of the perpetrators. The local initiative forms part of a broader call to action that went out coast to coast late last year.
Islamic religious leaders banded together last December to denounce honour killings from the country's mosques and educate Muslims about the call for gender equality at the heart of their faith.
Syed Soharwardy, a Calgary-based imam who founded the Islamic Supreme Council of Canada, said the Shafia case galvanized the community to address uncomfortable issues that too often get swept under the carpet.
Despite the fact that "honour killings" are explicitly condemned in the Qur'an, Soharwardy said such values sometimes take root in remote regions of Muslim countries where education is limited and scriptural doctrine is misinterpreted.
Imams were forced to speak out not only to protect their female followers from harm at home but to defend their religion from unjust vilification in the rest of Canada, he said.
The actions of one misguided family single-handedly revived stereotypes of violence and intolerance that have dogged the community since 911, he said.
"(Domestic violence) is not an epidemic. Once in a while we come across this," he said. "It puts a bad name in Islam, it creates a very negative image of Muslims, and it provides opportunities to Islamophobes to reignite hate against Muslims and badmouth our religion."
Community-based efforts, such as those launched by the imams, are the only effective way to combat honour-related crimes, according to one sociologist.
Aysan Sev'er, a professor at the University of Toronto specializing in the study of violence against women, said crimes involving a family's reputation must be treated differently from more conventional slayings.
Honour-based violence is communal in nature, she said, since it involves deep-rooted social traditions and extensive collaboration with others.
"There's a community component both in terms of putting pressure on the people and later on trying to justify, whitewash it, reduce the severity and so on," she said.
Experts agree the issues raised in the Shafia case have touched off dialogues that could have long-term benefits for the Muslim community.
Soharwardy said the trial's silver lining has come through conversations with women and youth that may once have been taboo.
"It motivates me to reach out to youth and women and those who are oppressed in their home," he said. "It gives you hope as well that after such tragedies, people do learn some lessons."
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30 Jan 2012 11:51 #72943
by ketchim
so why yuh carrying a fullah handle ? :
:
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