Lawyer wants Calgary mother's retrial for murder stayed
Aset Magomadova, accused of killing her daughter in 2007, has advanced-stage cancer
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.
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.