A woman accused of killing her teenage daughter is too sick with cancer to begin a new trial, her lawyer is arguing.
Aset Magomadova was brought into a Calgary courtroom Monday on a stretcher. Her lawyer, Alain Hepner, argued for a stay of proceedings due to her illness.
Three years ago, Magomadova was acquitted of a second-degree murder charge. Instead, she was found guilty of manslaughter in the 2007 strangulation death of her 14-year-old and was given a suspended sentence and three years of probation.
But the Alberta Court of Appeal has ordered a new trial, which was set to get underway on Monday.
She is accused of using a scarf to kill her troubled daughter, Aminat, after a violent struggle in their southeast Calgary home in 2007.
Magomadova came to Canada from war-torn Chechnya in 2003. Her husband was killed in the conflict while she was pregnant with her son. Her son was later diagnosed with a severe form of muscular dystrophy.
During the judge-only trial in 2010, Aminat was portrayed as an out-of-control teen who had threatened to stab other students and boasted about drug use, stealing and having sex.