Aset Magomadova leaves Calgary court Thursday July 15, 2010.
Credits: JIM WELLS/QMI AGENCY
Defence counsel Alain Hepner told court Aset Magomadova has "advanced cervical cancer" and requires intensive chemotherapy and radiation.
As a result, Magomadova won't be well enough to face the more than month-long trial scheduled to begin May 22, in the Feb. 26, 2007, killing of her daughter Aminat.
Justice Sheilah Martin granted Hepner's bid to adjourn the trial to an unspecified later date in the hope his client's treatment is successful.
Outside court, Hepner said the diagnosis is just one more catastrophic event in Magomadova's tragic life, which includes escaping from her warn-torn homeland of Chechnya with her two children.
"It's sad, really," Hepner said.
He said until her radiation and chemotherapy treatment is completed, doctors won't say what her chance of survival is.
"The prognosis, I think, is guarded," he said.
Magomadova strangled Aminat, 14, in the home they shared with the dead girl's younger brother.
At Magomadova's first trial in 2009, Justice Sal LoVecchio rejected her claim she was acting in self-defence when she wrapped a scarf around her daughter's neck and choked her to death.
But LoVecchio also found there was insufficient evidence Magomadova had the intent to commit murder and instead found her guilty of manslaughter.
LoVecchio ruled Magomadova was reacting impulsively to an out-of-control teenager when she choked her daughter for at least 2 1/2 minutes, cutting off blood flow to her brain.
That ruling was overturned by the Alberta Court of Appeal last year, when a three-member panel determined LoVecchio didn't properly consider the issue of intent in his judgment.
The top court ordered her to stand trial a second time for second-degree murder.
LoVecchio handed Magomadova a three-year suspended sentence and probation on the manslaughter conviction.
Apart from a brief stay on remand, Magomadova has not served any time for her role in the teenager's death.
Magomadova, whose treatment started Monday, was not present in court for Hepner's adjournment bid.