04/16/2013 04:44 EDT | Updated 04/16/2013 10:23 EDT

Aset Magomadova, Accused Of Strangling Daughter, Sobs In Court

CP/ Bill Graveland

CALGARY - A woman accused of strangling her daughter sobbed Tuesday at a hearing to determine if she should face a retrial.

Aset Magomadova began crying uncontrollably while her 911 call to police in 2007 was played in a Calgary courtroom.

Her distress prompted a brief delay.

"She is in bad shape," her lawyer, Alain Hepner, told the court.

During the break, Magomadova, 43, continued crying while medical personnel attempted to calm her down.

She had been brought into court on a gurney for the second day in a row. Her lawyers introduced evidence that she is dying of cancer and argued that she is too ill to face another second-degree murder trial.

During a March 2007 call to police, Magomadova is heard telling the dispatcher in a calm tone that she had killed her daughter during a fight.

"She wanted to kill me. I kill my daughter," Magomadova can be heard telling the dispatcher in the audio recording played by the Crown.

"She came at me with a knife. She hit me," she says. "She's very dangerous. She had a knife."

"You got into an argument?" asks the dispatcher.

"Yes," Magomadova replies.

"Your daughter died?" says the 911 operator.

"Yes. I killed her."

The audio recording was the only evidence introduced by the Crown prior to final arguments in the defence's request for a stay of proceedings. Those submissions are scheduled for June 24.

Magomadova was charged with the murder of her 14-year-old daughter Aminat in 2007 after the girl was choked to death with a scarf.

The Chechnyan woman argued she strangled the teen in self-defence after Aminat began attacking her.

Magomadova was found guilty of manslaughter in a trial in 2010. She was given a suspended sentence and three years probation. The Alberta Court of Appeal ruled the trial judge erred by failing to consider Magomadova's intent, and a retrial was ordered.

The retrial was originally scheduled to begin last May 2012, but proceedings were postponed after Magomadova was diagnosed with cancer. It had been rescheduled for this week, but is again on hold while the stay application is dealt with.

Magomadova is receiving monthly chemotherapy treatments, but her oncologist told court the prognosis is dismal and the woman's chance of surviving another five years is "less than one per cent."

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