The Lagos High Court sitting at Tafawa Balewa Square annex has found Dane, Peter Nielsen, guilty of two counts of murder of his Nigerian wife, Zainab, and daughter, Petra.
The Lagos state government accused Nielsen, now 57, of smothering her and their daughter to death around 3:45am on April 5, 2018, at No. 4, Flat 17, Bella Vista Tower, Banana Island, Ikoyi.
Nielsen was arraigned on June 13, 2018, on a two-count charge of murder under Section 223 of the Criminal Law of Lagos State, 2015.
He pleaded not guilty and consequently trial commenced.
During the trial, the court heard that Zainab and Petra died of head injuries and asphyxia (or suffocation) that was not self-inflicted.
A consultant pathologist, Prof. John Obafunwa, told Justice Bola Okikiolu-Ighile that his post-mortem examination of Zainab’s corpse suggested that she was killed when her nose and mouth were forcibly closed which deprived her of oxygen.
Obafunwa said evidence showed the deceased struggled to free herself from her killer’s grip using her hands and nails.
The result of a DNA analysis of Zainab’s nail clipping, the witness added, revealed the presence of her DNA material and that of “an individual described as Peter.”
On September 20, 2019, the prosecution team led by Ms. Titilayo Shitta Bey (now Solicitor-General and Permanent Secretary, of the Lagos State Ministry of Justice) concluded their case.
Rather than open his case, Nielsen argued that the prosecution had failed to link him with the alleged deaths, noting in particular that a particularly important prosecution exhibit was missing.
He filed a “no case” submission, praying the court to end the proceedings and set him free.
But on July 19, 2021, Nielsen lost his bid to regain freedom.
Justice Okikiolu-Ighile dismissed the Dane’s application seeking to be discharged of the double murder charge.
The judge held that the application, filed by Nielsen’s counsel, Mr Olasupo Shasore (SAN), though brilliant, was premature.
She also held that both prosecution and defence had called witnesses and tendered exhibits which were not premised on the said exhibit.
Nielsen had premised his application on a missing piece of critical evidence said to have been destroyed during the burning down of the Igbosere High Court in October last year.
Shasore had prayed the court to discharge the defendant on the basis that the exhibit – Nielsen’s late wife’s nightgown containing DNA evidence – was missing.
“The submission of the learned silk is premature, the application sought and the consequential relief are hereby dismissed,” the judge held, and ordered Nielsen to open his defence.
In his defence, Nielsen affirmed his testimony that he did not kill both Zainab and Petra.
He told the court on January 11 he found the duo dead when he awoke from sleep that morning and tried to revive them.
“I remember that Thursday, 5th of April, 2018, was an Easter vacation day. When I woke up, I was looking for Zainab and Petra from the balcony overlooking the field in the Estate,” Peter said.
