The state had arraigned the condemned convict on June 13, 2018, for killing his Nigerian musician wife, Zainab, also known as Alizee and daughter on April 5, 2018, at about 3.45 am at their Banana Island residence in the Ikoyi area of Lagos.
He had pleaded not guilty to the charge.
Delivering the judgment, the Appeal court held that 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,” the upper court held.
Justice Okikiolu-Ighile 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).
The judge held, “The court judges that you, Peter Nielsen, are found guilty of the murder of Zainab and Petra Nielsen on April 5, 2018.
“I at this moment 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 Lagos state.
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 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 constantly 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 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 delete such items from the evidence.
“I have considered the application, exhibits, PWN (Zainab’s nightgown, Petra’s jumpsuit, towel and pants) is at this moment expunged,” she said.
Dissatisfied with the verdict, the convict approached the Appeal Court to challenge his conviction.
