conflict with modr8

I've installed this on an existing Drupal 5.5 site which also has modr8 installed.
the fuzzy search works for users who have the "moderate content" right, but fails with a SQL error for all other users

more details:
Fuzzy search permissions are set so ALL user roles have rights to do a fuzzy search.
I haven't changed any of the fuzzy search settings
I've run cron enough times so that everything is indexed.
I've cleared the cache
The other modules I have installed include:
Ad 5.x-1.5
CCK 5.x-1.7
Search (core) 5.5
Devel 5.x-0.3
LoginDestination 5.x-1.0
LogintoToboggan 5.x-1.3
Modr8 5.x-2.4
Search config 5.x-1.3
ThemeSettings API 5.x-2.8
FuzzySearch 5.x-1.x-dev
Taxonomy Image 5.x-1.3
Content Taxonomy Views 5.x-1.x-dev
Views - 5.x-1.6
Views bonus pack 5.2-1.2alpha2
Views calc 5.x-1.0

Below is the SQL error get when searching for the word "organic" for users who don't have "moderate content" permisssion:

user warning: You have an error in your SQL syntax; check the manual that corresponds to your MySQL server version for the right syntax to use near ') GROUP BY n.nid ORDER BY completeness DESC, score DESC LIMIT 0, 10' at line 1 query: SELECT n.nid, SUM(percent) AS completeness, SUM(score) AS score FROM (SELECT n.nid, SUM(completeness) percent, SUM(score) score FROM search_fuzzy_index AS s LEFT JOIN node AS n ON (n.nid = s.nid) WHERE ((n.moderate != 1)) AND ( (( (ngram = 'org' AND completeness <33.4) OR (ngram = 'rga' AND completeness <33.4) OR (ngram = 'gan' AND completeness <33.4) OR (ngram = 'ani' AND completeness <33.4) OR (ngram = 'nic' AND completeness <33.4)) AND n.status = 1) ) GROUP BY word_id HAVING percent > 40) AS n ) GROUP BY n.nid ORDER BY completeness DESC, score DESC LIMIT 0, 10 in /home/orgguide/domains/organicguide.ie/public_html/includes/database.mysql.inc on line 172.