Aset Magomadova too sick to face new murder trial
Judge rules cancer-stricken Calgary mother unable to undergo 5-week trial for daughter's death
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.
"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.