The retrial of a Calgary mother accused of strangling her teenage daughter will be delayed for at least seven months for health reasons.
Aset Magomadova initially faced a murder charge in the death of her 14-year-old daughter, Aminat, in 2007. During the trial, she testified that she acted in self-defence when her daughter came at her with a knife.
She was convicted of manslaughter and got a suspended sentence, but last year, the Alberta Court of Appeal ordered a new trial on the charge of second-degree murder.
On Monday, lawyers for both sides agreed to put off the retrial, agreeing Magomadova was not fit to stand trial.
Magomadova started treatment Monday for advanced cervical cancer, including chemotherapy and daily radiation.
Alain Hepner, Magomadova's lawyer, produced letters for the court from three of her doctors, stating she was too ill to sit through a month-long trial.
"The prognosis, I think, is guarded," said Hepner.
"We've got to see what happens in seven to eight weeks after the chemo and the radiation combined."
Meanwhile, Crown prosecutor Gary Cornfield said he would like to see to trial happen as soon as possible.
"We want to get this matter on as soon as we can," he said.
"This matter does have a history and we would like to bring it to its appropriate conclusion."
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.
The earliest the trial could start is early 2013.