A Calgary woman convicted of manslaughter for killing her daughter is fighting to have her retrial on a murder charge delayed because of her poor health.


Aset Magomadova, pictured leaving the Calgary Courts Centre in June 2010, is now in palliative care for cancer. (CBC)

Aset Magomadova was found guilty of using a scarf to kill her 14-year-old daughter, Aminat, after a violent struggle in their southeast Calgary home in 2007. She was given a suspended sentence.

In 2011, the Alberta Court of Appeal ordered a new trial on the charge of second-degree murder.

Last spring, lawyers for both sides agreed to put off the retrial because Magomadova was not fit to stand trial.

She had just started treatment for advanced cervical cancer, including chemotherapy and daily radiation.

Now her lawyer, Alain Hepner, is asking a judge to stay the proceedings because Magomadova's cancer has spread to her lymph nodes and she is in palliative care.

A letter from her doctor at the Tom Baker Cancer Centre said she will be unavailable for trial for at least six to eight months.