The Appeal Court Lagos Division has affirmed the death penalty handed to Denmark national, Peter Nielsen, for killing his Nigerian wife, Zainab and daughter, Petra Nielsen.
The appellate court dismissed Nielsen's appeal for lack of merit and upheld his conviction by the trial court.
During court proceedings on Friday, Mr Adebayo Haroun, leading Jubril Kareem, announced his appearance for the respondent, while Mr A.D Taiwo Nsirim with Tochukwu Amaefule, appeared for the appellant.
Delivering the judgment, the appeal court held that the respondent (Lagos State) proved the offence of murder against the appellant beyond reasonable doubt.
It resolved the appeal in favour of the respondent and dismissed the appellant's case.
The appellate court held, "The corroborative evidence of DNA also strengthened the circumstantial evidence against the appellant.
"There was no proof of breaking into the apartment as suggested by the appellant.
"The missing exhibits as a result of the #EndSARS attack on the court do not affect the defence of the appellant as he had ample opportunity before the attack on the court. The findings of the forensic examiner corroborate the evidence of the children."
Nielsen was found guilty and convicted of the murder of Zainab and Petra, by Justice Bolanle Okikiolu-Ighile,(retd.), of the Lagos State High Court, at the Tafawa Balewa Square.
Okikiolu-Ighile, in her judgment delivered on May 20, 2022, held that Nielsen smothered Zainab and Petra Nielsen to death.
She ruled, "He was the one who killed Zainab, and Petra Nielsen. Zainab had already predicted her death when she told their driver that this man would kill her. She told her stepfather, Chris Madaki, when she went to Abuja that this man would kill her."
The judge also held that the evidence of the sixth prosecution witness (PW6) that on April 5, 2018, at 4:10 am, she saw Peter Nielsen beating and hitting Zainab's head on the floor collaborated with the oral evidence of Prof John Obafunwa (PW4).
She held that Prosecution Witnesses (PW5 and PW6) testified that they heard Zainab calling Mimi (one of the girls living with the couple) for help and they heard Zainab telling Nielsen to check her phone but he kept hitting her head.
"The act of Nielsen shows that he suffocated his wife and daughter.
"Nielsen has always domestically abused his wife which was shown in the police extract from the Ikoyi Police Station.
"She didn't know that her marriage to the convict was void ab initio because Peter was already married in Denmark.
However, on the issue of the nightgown worn by Zainab on the night she died, the judge expunged the evidence.
She said that the pathologist who analysed the DNA on the nightgown was thoroughly examined and cross-examined by the defence.
The judge, however, said that on October 20, 2020, the High Court of Lagos was vandalised and burnt, during the #EndSARS protest which affected the nightgown, a jumpsuit, towel and pants worn by Zainab and Petra.
The judge, however, said that the contention of the convict was not for cross-examination but for them to take the items for DNA examination for their case.
"It is trite law that all documentary evidence must be scrutinised but the defence argued that the convict didn't have the opportunity to produce his examination.
"The defence made an application to expunge such items from the evidence.
"I have considered the application, exhibits, PWN (Zainab's nightgown, Petra's jumpsuit, towel and pants) is hereby expunged," she said.
But dissatisfied with the judgment Nielsen approached the appeal court to challenge his conviction.
Nielsen was arraigned on June 13, 2018, on two counts of murder.
He pleaded not guilty, to the two counts of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015, following which trial commenced.
The Lagos State Government accused Nielsen, now 57, of smothering Zainab and their daughter Petra Nielsen, to death at about 3:45 am, on April 5, 2018, at No. 4, Flat 17, Bella Vista Tower, Banana Island, Ikoyi.
When the trial commenced, the prosecution called nine witnesses and closed their case on September 20, 2019.
The defence opened its case and also called nine witnesses with the convict as the ninth witness.
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