The re-trial for a Calgary woman accused of second-degree murder has been postponed.
Aset Magomadova was scheduled to stand trial for the murder of her daughter, later this month.
However, Magomadova has now been diagnosed with cancer.
She has already been tried for the murder of her daughter, and was convicted of manslaughter.
However, the Court of Appeal ruled the trial judge erred by failing to consider Magomadova’s intent.
She claimed she strangled 14-year-old Aminat in self-defence in February of 2007.
A re-trial was scheduled later this month, but now she’s too sick to proceed.
“This woman has advanced cervical cancer, was diagnosed last month. She starts chemotherapy and radiation today for seven to eight weeks,” says Defence Lawyer Alain Hepner. “The physicians say it would be very difficult to sit thru a six week trial. That’s enormous pressure on anyone.”
The judge agrees Magomadova is incapable of standing trial right now.
Exactly when a new trial will happen is still uncertain.
“The Crown’s position in court, is that we want to get this matter on as soon as we can, and as soon Ms. Magomadova is medically able to go thru the trial, because this matter does have a history and we would like to bring it to its appropriate conclusion,” says Crown Prosecutor Gary Cornfield.
Magomadova is also temporarily excused from checking-in with her probation officer, while she continues her treatment.
Doctors won’t say what her chances of surviving the cancer are
The court will attempt to set a new trial date for next fall or spring, on June 1st, but it’s all dependant on her condition at that time.