Lagos High court sitting in Igbosere on Monday granted an application by Danish man Peter Nielsen, accused of killing his wife and daughter, to re-visit the scene of crime sealed last year after the killings.
Justice Bolanle Okikiolu-Ighile granted the defendant’s prayers.
At the resumed proceedings yesterday Nielson, through his counsel, Mrs Oyinkansola Badejo, informed the court that he had filed an application seeking a re-visit to the crime scene.
Badejo told the court that the application dated October 25 has been served on the prosecution and they have acknowledged service.
Assistant Director of Prosecution Adebayo Haroun said they were not opposing the defence application.
Haroun urged the court to allow the prosecution to be represented on the day the defence will re-enter the scene of crime.
Badejo opposed the prosecution’s submission that it would like to be present during the visit on the ground that it would be prejudicial to the defendant.
“The prosecution has closed its case, the police will be present, the prosecution doesn’t have to be present,” she said.
Justice Okikiolu-Ighile declined 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 case will be jeopardised if it is 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 are 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 adjourned till December 6 for the defence to open its case.
At the last adjourned date on October 25, the case was stalled as the lead counsel of the defence Mr Olasupo Shasore (SAN) was not in court due to ill health.
The case was scheduled for the defence to open its case, but when the matter was called, the court was informed that Shasore the lead counsel to the defendant was ill and so the defence could not open its case.
Nielsen, 54, is standing trial for the April 5, 2018 killing 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 3:45am at No. 4, Flat 17, Bella Vista Tower, Banana Island Ikoyi.
Nielsen was arraigned on June 13, 2018 on two counts of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.
He denied the charge.