A cancer-stricken Calgary mother who killed her daughter in 2007 was spotted on a scooter this weekend, despite making her last two court appearances on a stretcher.
Aset Magomadova was wheeled into court on a gurney by health-care workers on two different occasions in April. The 43-year-old was appearing at a hearing to determine whether or not she is too sick to face retrial.
Her lawyer, Alain Hepner, told the court she was gravely ill and unable to travel without the stretcher. Family members said at the time that Magomadova even had trouble sitting up.
But Magomadova was photographed driving a scooter this past weekend.
Magomadova has good days and bad days, said Hepner.
"When she has good days she tries to get some air, some sunshine," he said. "She needed some air on Saturday."
Hepner says she couldn't get back home though, and had to call her sister to come get her. She is still in treatment.
Poor health behind argument against retrial
Originally charged with second-degree murder, Magomadova was convicted of manslaughter in 2010 for the strangulation death of her 14-year-old daughter Aminat.
She used a scarf to kill her troubled teenage daughter after a violent struggle in their southeast Calgary home.
Magomadova received a suspended sentence and probation, but the Court of Appeal ordered another trial on the charge of second-degree murder.
Hepner has applied to have that charge stayed because of Magomadova's deteriorating health.
In April, a judge heard Magomadova was receiving palliative care and was not expected to live much longer.
Dr. Jill Gillespie Nation testified the Chechen native has a less than a one per cent chance of living more than five years.
Crown prosecutor Gary Cornfield said he didn't want to comment while the case was still before the courts.
Magomadova is currently on probation until next month for her original manslaughter conviction.
Her next court appearance is on June 24 when lawyers will present their arguments. It will then be up to the judge to determine whether or not Magomadova will face a retrial at some point.