Justice Bolanle Okikiolu-Ighile of the Lagos High Court, Igbosere on Monday, November 18, granted the application of a Dane, Peter Nielsen, accused of killing his wife and daughter, to revisit the scene of the crime which was sealed off after the incident last year.
Danish national Nielsen, 54, is standing trial for the April 5, 2018 death 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 3:45 am at No. 4, Flat 17, Bella Vista Tower, Banana Island, Ikoyi.
Nielsen was arraigned on June 13, 2018 on two count charge of murder in accordance with Section 223 of the Criminal Law of Lagos State, 2015.
He plead not guilty to the charge.
At the resumed hearing of the matter Monday, the defendant through his counsel, Mrs Oyinkansola Badejo, informed the court that it filed an application before the court seeking to revisit the scene of the alleged crime.
She said that the application was also seeking for the presence of the police at the scene of crime on the day of the visit.
Badejo told the court that the application, which is dated October 25, has been served on the prosecution and they have acknowledged the service.
The Assistant Director of Prosecution Mr Adebayo Haroun in his response confirmed the service of the application, saying they were not opposing the defendant’s application to revisit the crime scene.
However, Haroun urged the court to allow the prosecution to be represented on the day the defense will revisit the scene of the crime.
Badejo, however, opposed the prosecution’s application, holding that the prosecution’s presence at the site would be prejudicial to the defendant’s case.
“The prosecution has closed its case, the police will be present, the prosecution doesn’t have to be present,” she said.
While delivery her ruling, Justice Okikiolu-Ighile, refused the oral application of the prosecution to be represented at the revisit of the scene of crime.
“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 state will be jeopardised if it is not present at the revisit of the scene of crime.”
“I hereby refuse the prayer of the 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 7 days.
The case was further adjourned till December 6 for the defence to open its case.