CALGARY MOM WHO “HONOR”STRANGLED HER DAUGHTER GOES FREE!!!!????
http://www.calgarysun.com/news/alberta/2010/07/15/14721521.html
Putting a Calgary mom who strangled her promiscuous 14-year-old daughter in jail would smack of vengeance, a judge said Thursday, in handing her probation instead.
Justice Sal LoVecchio placed Aset Magomadova on probation for three years ruling the time behind bars sought by the prosecution wasn’t needed.
“The Crown says due to the nature of the act, namely a ligature strangulation and the necessity to address deterrence and denunciation a period of incarceration is necessary to preserve respect for the law,†LoVecchio noted.
“I do not agree,†the Court of Queen’s Bench judge said.
“Deterrence and denunciation may also be addressed without a period of incarceration,†LoVecchio said, in agreeing with defence lawyer Alain Hepner prison wasn’t warranted.
LoVecchio noted Magomadova has complied with strict bail conditions and has shown a willingness to participate in programs which will assist her.
“At this point, putting her in jail would speak more to vengeance than anything else,†he said.
LoVecchio said Magomadova, a Chechen refugee, has suffered greatly in her life, escaping her war-torn homeland to seek a better life for herself, Aminat and her terminally ill son.
“Aminat is gone and she will very soon lose (her son) as well,†he said.
Magomadova sat in the prisoner’s box wiping away tears as a Chechen interpreter translated LoVecchio’s words.
Once court adjourned she shared a teary embraced with a small group of supporters, including her sister Layla.
She declined comment.
Crown prosecutor Mac Vomberg had proposed a sentence in the 12-year range for Magomadova’s manslaughter conviction.
Outside court he said it will be up to the prosecution appeal’s branch to decide whether to challenge Lovecchio’s decision to hand Magomadova a suspended sentence.
The Crown has already appealed his ruling to convict her of the lesser charge of manslaughter, after ruling Vomberg hadn’t established the necessary intent to prove second-degree murder.
Magomadova strangled her daughter, Aminat, inside their Fay Rd. S.E. residence the morning of Feb. 26, 2007, with a scarf she had wrapped around the teenager’s neck.
LoVecchio rejected her claim she was acting in self-defence.
Hepner said outside court his client is relieved she won’t be going to jail, instead returning home where she can spend time with her dying son.
kevin.martin@sunmedia.ca
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