Oh…anger management counseling, that’s enough to balance the scales when a young Muslim daughter’s life is in question. The mental hoops this judge jumps through to come to this kind of decision is staggering. KGS
Muslima: Thanks Canada!
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.