THE Lagos division of the Court of Appeal has dismissed the appeal of a Dane, Peter Nielsen, who was convicted and sentenced to death for killing his Nigerian wife, Zainab and daughter, Petra Nielsen.
The appellate court upheld the conviction of Nielsen by the trial court and dismissed his appeal for lack of merit.
When the case was called 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 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 sitting in Tafawa Balewa Square.
Justice Okikiolu-Ighile, in her judgment delivered on 20 May 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 5 April 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).
The judge held, “It is the judgment of the court that you, Peter Nielsen, is found guilty of the murder of Zainab and Petra Nielsen on 5 April 2018.
“I hereby pronounce that you Peter Nielsen shall be hanged by the neck till death. May God have mercy on you,” she said.
Justice Okikiolu-Ighile found him guilty of counts one and two of murder preferred against him by the Lagos State government.
She held that the oral and documentary evidence before the court showed that the prosecution proved beyond reasonable doubt that Nielsen killed his wife and daughter.
“This is one of the cases of domestic violence. The DNA analysis of nail scraping brought out the assailant of Zainab.
“Zainab tried so much to defend herself. The evidence shows that Peter Nielsen killed his wife and daughter.
“There is evidence before the court that there is a fight between Peter Nielsen and his wife,” the judge held.
She further held that the fifth and sixth 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 abi nitio 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 20 October 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, held 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,” the court held.
But dissatisfied with the judgment, Nielsen approached the appeal court to challenge his conviction.
Nielsen was arraigned on 13 June 2018, on two counts of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015,
He pleaded not guilty, to the charge 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 5 April 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 20 September 2019.
The defence opened its case and also called nine witnesses with the convict as the ninth witness.
Eighteen-Eleven Media