Muslim honour killer mom goes free with probation in Calgary

[Bill Whatcott]

Aset Magomadova leaves Calgary court Thursday July 15, 2010, after a judge sentenced the city woman to a three-year term of probation for strangling her promiscuous, 14-year-old daughter. Court of Queen's Bench Justice Sal LoVecchio said a non-custodial punishment would be sufficient for Magomadova's killing of daughter Aminat. Magomadova was convicted of manslaughter last October in the teen's Feb. 26, 2007, death. (Photo by JIM WELLS/Calgary Sun)

This is a sickening sentence. A white male who punches someone in the head and steals their wallet would not get a more lenient sentence. This so-called mother probably deserves the death penalty. Being that she is a Chechen refugee, she would most likely be a Muslim and it is probable that the murder of her daughter is an honour killing. Canadian prisons for women are country clubs, run by feminist wardens who think like this judge. Vigilante justice may be all that is left, if one really wants to see justice brought to female murderers in Canada.
Bill Whatcott

"Blessed are they who maintain justice, who constantly do what is right." Psalm 106:3


Killer mom walks
By KEVIN MARTIN, Calgary Sun
Last Updated: July 15, 2010 1:06pm
http://www.calgarysun.com/news/alberta/ ... 21521.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

[Bill Whatcott]

FULLCOMMENT
The multicultural approach to justice
July 16, 2010 – 8:47 am
Barbara Kay
http://fullcomment.nationalpost.com/201 ... z0tt12M2Px

In 2007 Aset Magomadova, at the end of her tether in dealing with a troubled and by her account troublesome 14-year old daughter, strangled the girl to death with a scarf.

Let it be noted, before going any further into this story, that to kill a healthy human being by strangulation, you have to cut off their air supply for 2.5 to 3 minutes. They lose consciousness and go limp long before they are at risk of dying. So you really can’t argue that you have strangled someone in self-defence or by accident or in a moment’s confusion or loss of control. If a person dies after you have had your way with a scarf around her neck, you can be sure the intention behind the attack was not benign.

And now to the sentencing of Aset Magomadova. Calgary Court of Queen’s Bench Justice Sal LoVecchio convicted the mother of manslaughter, acquitting her on the original charge of second-degree murder, and pronounced a sentence of…probation. No jail time. Dead daughter. Mother killed her. No jail time.

In his 25-page decision, the judge said that “Showing mercy does not mean we approve of the act. It simply means sometimes a particular situation may demand a slightly different solution.” (my emphasis)

Apparently Magomadova’s lawyer really got to the judge with an account of the defendant’s “catastrophic” background in war-torn Chechnya, where her husband was killed in conflict while she was pregnant with a son who later was born with Muscular Dystrophy.

I would venture to say that many killers have a “particular situation.” Robert Latimer springs to mind. Robert Latimer was a white Canadian male of European extraction, so perhaps his “particular situation,” that of watching his profoundly disabled daughter Tracy, a victim of Cerebral Palsy, suffer the agonies of the damned for years in spite of every possible medical intervention available (which amounted to, in Latimer’s words, “mutilation and torture”), could not quite compete with the sad tale of a Muslim widow from Chechnya with an irritating daughter and a son with Muscular Dystrophy.

Latimer was convicted of second degree murder, but the judge in his second trial opted for leniency on the grounds that he acted from “compassion,” ordering a light sentence of one year in jail and one under house arrest. Not good enough for the Saskatchewan Court of Appeal, which insisted on the full weight of the law being applied, namely a life sentence. Latimer pleaded to the Supreme Court of Canada that he had had no choice but to end her suffering. Nope, the Supreme Court said, Latimer had other options and a ten-year sentence was not “excessive.”

Well, the Magomadova case is going to the Court of Appeal. Let us keep a careful eye on their appraisal of Judge LoVecchio’s multicultural approach to justice. And if it should go to the Supreme Court, even more so.

This LoVecchio judgment was simply outrageous. In an earlier musing, the judge opined that Aset Magomadova was not a danger to society. Well, she was a danger to an individual who was helpless to escape her rage – her very own daughter. And what message does his “sentence” of probation send to other parents from other countries, war-torn or not, who believe that they have the power of life and death over their children?

National Post

[evolution8]

Can't believe she's out of jail...disgusting!


Outrage over ruling that mom who strangled daughter won’t be jailed
By Daryl Slade, Postmedia News July 15, 2010
http://www.canada.com/news/Outrage+over ... story.html

CALGARY — A Calgary mother won’t spend a day in jail for killing her teenage daughter with a head scarf — a decision that has prompted outrage.

A national victims’ group, based in Toronto, is stunned by the suspended sentence given to Aset Magomadova by Court of Queen’s Bench Justice Sal LoVecchio on Thursday.

“I really strongly disagree. It sends a massively huge message to the rest of the country and the world that her daughter’s life was valueless,” said Joe Wamback, co-founder and chairman of the Canadian Crime Victims Foundation.

“Even though this girl may have been a handful and trouble, that’s not the issue. The issue is human life. Sentencing is not just about the criminal, but has to speak for the victim and to denunciation.”

In October, LoVecchio acquitted Magomadova, 40, of second-degree murder and found her guilty of manslaughter in the death of Aminat, 14. He placed her on probation for three years with several conditions, including taking counselling for grief, depression and anger management.

The judge rejected an argument by Crown prosecutors Mac Vomberg and Sarah Bhola for a 12-year prison term, instead accepting the position of defence lawyer Alain Hepner, saying a suspended sentence can still meet the demands of justice.

“At first blush (a suspended sentence) may sound like a get-out-of-jail-free card. It is not,” said LoVecchio.

“The court has said the act in question does not merit a period of incarceration. What the court has done is reserved or, to use the word of the statute, suspended judgment on that point for a period of time on conditions. If the conditions are satisfied, then the individual will not be sentenced. If they are breached, the individual will be brought back to the court to be dealt with further.”

Magomadova was charged after the deadly incident at their home the morning of Feb. 26, 2007, after Aminat refused to go to court to be sentenced for assaulting a female teacher at her school.

The devout Muslim mother claimed Aminat came at her with a knife in her sewing room, where she prayed several times a day. She said she reacted by wrapping the scarf around her daughter’s neck and twice told the girl to put the knife down before the teen lost consciousness.

A knife was found in the room, but the daughter’s fingerprints were not on it.

LoVecchio, who rejected a defence of self-defence, deemed the woman did not intend to kill the teen, even though medical examiner Dr. Sam Andrews testified that death as a result of such an act would have taken at least 2 1/2 minutes.

Jennifer Koshan, an associate professor at the University of Calgary’s faculty of law who researches family violence, said the vast majority of fatal family violence cases involve husbands killing their wives.

“It’s relatively unusual to see a mother killing a child, especially an older child,” said Koshan. “So it’s rare for the court to be faced with this situation. Maybe that influenced the judge in his decision.”

Marilyn Millions, one of Magomadova’s sponsors with St. James Anglican Church, said outside court she was relieved “at the compassion and mercy that has been shown” by the court.

“There were lots of tears and emotion,” she said. “If you’ve lived through it and you’ve gotten to know these people, it’s all in the context. It’s a lot different than reading a little bit about it. It’s a very different situation.”

Millions also said it was the wish of the family that “people would know mental-health services for young people and help for their families will be improved, and changes made to the system, so that others who have to go through similar situations do not fall through the cracks.”

Hepner said his client was crying after she learned she’d be free to go home and agreed it was an appropriate sentence.

“The judge considered all the factors and it was a very lengthy decision,” said Hepner, who had sought either a conditional jail sentence to be served in the community or the suspended sentence. “He considered the background, psychological and psychiatric background. What else can a judge do in arriving at a proper decision?”

LoVecchio said he wrestled with the dynamics of the family in reaching his conclusions.

He noted that the woman came to Canada for a better life for herself and her children from Chechnya, where her husband had been killed by Russian invaders and she had part of her foot blown off.

“This was a family in crisis with events spiralling out of control,” he said, alluding to the friction between Aset and Aminat leading up to the deadly confrontation that morning.

“It cannot be reduced to simply a case of mom choosing to kill her daughter as a form of discipline because she misbehaved. Quite simply, the events of that morning cannot be seen as a single isolated event.”

The Crown appealed the conviction long ago and is almost certain to take the sentence to the Alberta Court of Appeal, but Vomberg said he could not comment about such a possible situation at this time.

Both sides are allowed under law to have 30 days to file a notice of appeal.

Calgary Herald
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