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Added: Delane Christie - Date: 24.07.2021 16:54 - Views: 45138 - Clicks: 4447

The Calgary father who took his daughter to Iraq and left her there did so to deprive her mother of her lawful care, a judge ruled Tuesday.

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But provincial court Judge Greg Stirling said the prosecution failed to prove the more serious charge against Ali Al Aazawi, that he committed an international kidnapping. Stirling said the thenyear-old victim was mature enough to consent to her father taking her out of the country and ultimately to his homeland in the Middle East. Stirling said that unlike for some other offences, there is nothing in the Criminal Code to indicate under 14 cannot consent to being removed from the country. The judge did find Al Aazawi guilty of abducting his daughter, Zahraa, in contravention of a court custody order giving her mother, Zainab Mahdi, sole decision-making authority over the girl.

The international kidnapping charge carries a maximum punishment of life in prison, while the abduction allegation has a maximum sentence of 10 years incarceration. Al Aazawi and his daughter travelled to Iraq. The judge said when Al Aazawi failed to return to Calgary as planned on Sept.

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The actions of Mr. Al Aazawi in taking and detaining her in Iraq deprived Ms. Mahdi of possession of her daughter. Once in Iraq Ms. Mahdi was no longer able to exercise any control over her daughter. Al Aazawi took his daughter to Iraq on June 26,he did so with the intention that she would stay in Iraq for several years to live with his family and attend school. KMartin postmedia. Twitter: KMartinCourts. A welcome is on its way. If you don't see it, please check your junk folder.

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