LAGOS – Justice Bolanle Okikiolu-Ighile of a Lagos High court sitting in Igbosere has granted the application of a Danish, Peter Nielsen, accused of killing his wife and daughter, to re-visit the scene of crime which was sealed off a year after the incident.
The judge granted the defendant’s prayer in a ruling on Monday.
At the resumed hearing, the defendant through his counsel, Mrs. Oyinkansola Badejo, informed the court that it filed an application before the court, seeking a further re-visiting of the scene of crime.
She said that the application was also seeking for the presence of the police at the scene of crime.
Badejo told the court that the application which is dated October 25, has been served on the prosecution and they have acknowledged the service.
However the Assistant Director of Prosecution Mr. Adebayo Haroun, confirmed the service and said they were not opposing the defence application of re-visiting the crime scene.
Haroun urged the court to allow the prosecution to be represented on the day the defense would re-enter the scene of crime premises.
But Badejo opposed the prosecution’s submission that the prosecution’s presence at the said visit to the scene would be prejudicial to the defendant’s case.
“The prosecution has closed its case, the police will be present, the prosecution doesn’t have to be present,” she said.
While delivering her ruling, Justice Okikiolu-Ighile, refused the oral application of the prosecution to be represented at the re-visit of the scene of crime.
She said, “I have noted that the state did not file any opposition to the application; I have not seen any reason given by the counsel that the state would be jeopardised if not present at the re-visit of the scene of crime.”
“I hereby refuse the prayer of the prosecution, all the prayers of the defence is granted,” the Judge held.
Justice Okikiolu-Ighile, said the court order shall be complied with, within seven days of the visit to the crime scene.
The case was further adjourned till December 6, for the defence to open its case.
Nielsen, 54, is standing trial for the April 5, 2018 death of his Nigerian singer wife, Zainab, and their three-and-a-half-year-old daughter, Petra.
The Lagos State Government accused the Dane of smothering Zainab and Petra to death at about 3:45 a.m. at No. 4, Flat 17, Bella Vista Tower, Banana Island Ikoyi.
Nielsen was arraigned on June 13, 2018 on two counts charge of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.