Aset Magomadova too sick to face new murder trial

A Calgary judge has ruled that Aset Magomadova is too ill to stand trial on charges of second-degree murder in the killing of her daughter six years ago.

Judge rules cancer-stricken Calgary mother unable to undergo 5-week trial for daughter's death

Aset Magomadova enters the court house on a stretcher Friday. (Neil Herland/CBC)

Aset Magomadova will not stand trial for second-degree murder in the death of her daughter.

On Friday, the judge granted a stay in the murder charge.

Aset Magomadov was given a suspended sentence for killing her daugther in 2007.

"I find the accused is not physically able to stand a five-week trial," said Justice Suzanne Bensler in her ruling. 

The cancer-stricken Calgary woman was convicted in 2010 in the strangulation death of her 14-year-old daughter Aminet.

She used a scarf to kill her teenage daughter after a violent struggle in their southeast Calgary home in 2007.

Magomadova, who is originally from Chechnya, received a suspended sentence and was put on probation.

That decision was appealed and another trial was ordered on the charge of second-degree murder.

Magomadova's defence lawyer, Alain Hepner, said she and her support team were relieved at the decision to stay the murder charge.

The prosecution said it would study the decision and decide whether to appeal. 

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