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An Iraqi-Canadian was acquitted of bigamy Tuesday by a Windsor judge who said that while he had no doubt the man has two wives, it could not be proven the man left the country "with intent" to take a second partner.

The incident began on Valentine's Day in 2004 when Sahib Abid Ali Al Jibouri went before a county judge in Jefferson, Ohio, and married Katharine White. But he already had a wife and baby back home in Toronto.

Mr. Al Jibouri, 46, now lives in Windsor.

After hearing testimony from Mr. Al Jibouri's first wife and that of a Canadian immigration officer who discovered the Ohio marriage, Ontario court Justice Guy DeMarco said he didn't doubt Mr. Al Jibouri had two wives.

Yet he acquitted because of what Judge DeMarco called a "stringent requirement" under Canada's bigamy law in which the Crown has to prove the man had left the country with "the intent" to take a second wife.


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