The Lagos High Court sitting at Tafa Belewa Square on Monday dismissed an application seeking the discharge of a Dane, Peter Nielsen, who was accused of killing his Nigerian wife and daughter.
Nielsen’s counsel, Mr. Olasupo Shasore (SAN), had asked the court to discharge the defendant on the ground that an exhibit, the deceased’s nightgown, was missing.
Shasore said the nightgown the woman wore the night she was allegedly killed is no longer in the court’s record after the building was burnt by hoodlums who hijacked last year’s #ENDSARS protest in the state.
He submitted that substantial justice would not be done in the absence of the exhibit.
Nielsen, 54, is standing trial on a two-count charge of murder.
The defendant was accused of killing his wife, Zainab, a singer, and their three-year-old daughter, on April 5, 2018.
Lagos State government accused the defendant of smothering the woman and their daughter to death at 3:45 a.m., at No. 4, Flat 17, Bella Vista Tower, Banana Island, Ikoyi.
Nielsen was arraigned on June 13, 2018, but he pleaded not guilty to a two-count charge of murder contrary to Section 223 of the Criminal Law of Lagos State, 2015.
At the resumed hearing on the matter, Justice Bolanle Okikiolu-Ighile dismissed the defendant’s application after hearing arguments of both the defence and prosecution counsels.
Okikiolu-Ighile ruled that the submission of defence counsel was premature, though brilliant.
She held that both the prosecution and defence had called witnesses and tendered exhibits that were not premised on the said exhibit.
The judge said: “Therefore, at the end of the proceedings, when all the evidence has been given and final written addresses adopted, the court will then adduce the totality of all the evidence before it.
“The submission of the learned silk is premature, the application sought and the consequential relief is hereby dismissed.”
She adjourned the case till August 2 for the continuation of trial.
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