CALGARY – The lawyer for a mother accused of strangling her teenage daughter is seeking a stay in proceedings, saying the woman is too ill to proceed.
Aset Magomadova was initially charged with the murder of her daughter Aminat in 2007, after she was choked to death with a scarf.
The Chechnyan mother argued she strangled her daughter in self-defence, after Aminat began attacking her.
Magomadova was found guilty of manslaughter at the conclusion of her trial in 2010, but the Court of Appeal ruled the trial judge erred by failing to consider Magomadova’s intent and a re-trial was ordered.
The re-trial was originally scheduled to begin in May of 2012, but proceedings were postponed after Magomadova was diagnosed with cervical cancer.
Her cancer has now spread since her initial diagnosis, and her defence lawyer Alain Hepner is hoping to have her second-degree murder charges stayed, saying she isn’t fit to stand trial.
She was supposed to begin her re-trial on April 15th.
-With files from Nancy Hixt