Bailey Messervy found guilty of murdering Christchurch dog walker Nigel Wilson

By RNZ

A jury has found a man who stabbed a dog walker to death at a Christchurch park guilty of murder.

Bailey Messervy, 20, was on trial in the High Court at Christchurch for the murder of Nigel Wilson, who was found by relatives with multiple stab wounds at Bexley Reserve in November 2022.

He died a week later in hospital.

Spectators in the public gallery clapped when the jury delivered its verdict on Wednesday afternoon, thus rejecting the defence argument Messervy did not intend to kill the 62-year-old when he stabbed him.

During the trial, Crown prosecutor Mitchell McClenaghan outlined how Wilson was on a routine morning dog walk when he was attacked.

“Most days he would get up early, sometime after 4.15am, and take the dog for a walk around Bexley Reserve. And that is just what he did on November 14, 2022. However, that morning Mr Wilson did not return home.”

Wilson and Messervy became involved in an argument in which Wilson called out Messervy for driving his vehicle at speed through the reserve, McClenaghan said.

The court heard Wilson shut the gates at the entrance and confronted Messervy, who stabbed him about eight times, with four blows to his abdomen.

The Crown said Messervy’s associate, whose name is suppressed, stole Wilson’s phone following the assault, leaving him unable to call for help.

Bailey Messervy, 20, appears for his trial at the Christchurch High Court. Photo / Pool / Iain McGregor

Wilson’s dog returned home without him, raising the alarm, McClenaghan said.

His relative found him at the reserve.

“He was hunched over the gate. He was able to utter the word ‘ambulance’ to her,” McClenaghan said.

Wilson was taken to hospital in a critical condition but did not survive due to blood loss.

He was taken off life support and died on November 22, 2022.

The Crown’s position was that Messervy knew that death could result from his attack, making it a “reckless killing”.

Messervy’s lawyer, James Rapley KC, said his client accepted he killed Wilson and was guilty of manslaughter, but said he was not guilty of murder.

Messervy reacted out of fear after being confronted by an angry man who blocked his exit at the park, Rapley said.

Messervy’s associate had said Wilson had jumped out at them in the dark, and they were both shocked and the man had frightened them, the court was told.

They believed he had yelled at them because Messervy had been speeding in the park.

Rapley said Messervy then slowed down, which he said was important detail as it showed he did not want any trouble.

The friend then used toilets at the park then headed out.

Rapley said on the way back out they noticed the man had shut the park gates.

“That is they felt they had been locked in ... imagine for a moment how frightening the situation was, locked in and detained by a yelling and shouting Mr Wilson.”

Rapley said to find Messervy guilty of murder, the jury would need to accept he was able to comprehend the consequences of his actions.

Rapley said that when Bailey was confronted by Wilson at the gate, he asked to leave, saying to Wilson “Open the f... gate bro, what are you f... playing at”.

Rapley said Messervy was reacting in a fast-moving and frightening situation and had used methamphetamine that morning.

He said Messervy had been a meth user for several years, which was known to make people more paranoid and aggressive.

Rapley said Wilson’s death was shocking, senseless and should never have happened, but his client never intended to kill him.

“In the heat of the moment, Bailey didn’t know what he was doing was likely to cause Mr Wilson to die.”

Crown prosecutor Deirdre Elsmore said the court was not dealing with one stab wound, but a sustained attack to the abdomen and back of a vulnerable older man.

The court was told that as Messervy and his associate drove into the reserve at speed Wilson had shouted at them “slow down, dogs walk here”.

Elsmore said these were words that were probably yelled in different forms in many cul-de-sacs and quiet roads around New Zealand.

She said Messervy could still be found guilty if he was reckless in whether his actions would cause death.

“If you find that the defendant meant to cause Mr Wilson bodily injury by stabbing him multiple times knowing that by stabbing him multiple times that injury was likely to cause death, and being reckless as to whether he died or not, reckless to whether death ensued, the Crown would have proved murder,” she said.

Detective Senior Sergeant Damon Wells acknowledged the verdict.

“His family have had to deal with a profound loss, and police have spared no effort to see those involved be held accountable.

“Nigel’s family and I would like to acknowledge and thank the members of our community who provided valuable information to assist us with this case from the very start of our investigation.”

While a verdict had been reached, Wells said it was just one part of the family’s healing process.

“I acknowledge the strength they have shown over the last two years, and while the outcome does not bring Nigel back, the person responsible will be held to account.”

Messervy will be sentenced on December 11.