No jail time for mother who killed teen daughter
Published Thursday, July 15, 2010 5:25PM MDT
A mother who killed her teenaged daughter will not have to serve any jail time. Aset Magomadova was charged with murder, but was convicted of manslaughter. On Thursday, a judge handed her a suspended sentence and three years probation.
Magomadova left court a free woman. She hasn't spoken publically in the three years since killing her daughter, and Thursday was no different. When asked by reporters if she had anything to say, she stayed silent.
Magomadova was charged with murdering her 14-year-old daughter Aminat in 2007, but she was convicted of manslaughter. The 39-year-old told court Aminat attacked her with a chair and threatened her with a knife before she strangled the girl with a scarf. She testified Aminat never really adjusted to life in Canada and got in trouble with the law and drugs.
The judge rejected self defence, but decided against jail time saying that would be more about vengeance than justice. Instead, Magovadova will be on probation for three years.
Justice Sal Lovecchio told court while this may seem like a get out of jail free card, he says it is not. If Magomadova violates any of the conditions of her probation she'll be ordered back to court and sentenced to time behind bars.
The crown lawyer, who asked for 12 years in jail, believes the ruling will be controversial.
"The way it has throughout this case, there's going to be a wide range of discussion, a lot of commentary, and it's an area that deserves to be well discussed," commented Crown Prosecutor Mac Vomberg.
Magomadova's defence lawyer, Alain Hepner, says his client has already suffered greatly. Her husband was killed by a bomb in Chechnya and her only other child, a teenaged boy, has a terminal illness.
"I didn't see any need in this case, for this woman with her background, that prison would accomplish anything, and the law allows for what the judge did, and he chose a suspended sentence with three years probation, and there will be strict terms. I think she'll abide by them," said Hepner.
Since arriving in Canada as a refugee, Magomadova has been sponsored by a church group, which also wanted no jail time.
"She has been through so much and she has to live with this the rest of her life. She is not a danger to the public at all. She has her son who is very ill and I think this fits," commented Magomadova's sponsor, Marilyn Millions.
While she's on probation, Magomadova can't own weapons and will undergo counseling for depression. She's also been ordered to attend anger management classes.
The Crown has already appealed the reduction from murder to manslaughter. It's unclear if it will also appeal the sentence, but says that will be reviewed.