The man who murdered father-of-six Nigel Wilson as he walked his puppy at a Christchurch park has avoided a mandatory life sentence for his offending.
But he has been jailed for a finite term of 17-and-a-half years and ordered to serve seven years before he is eligible for parole.
At his sentencing today, Bailey Messervy heard from his victim’s devastated family including his daughter, who revealed she saw her father’s ashes for the first time on her wedding day.
Wilson, 62, was found by members of his family including his partner, son and grandchild with multiple stab wounds at Bexley Reserve in November 2022.
He died a week later in hospital.
Wilson was on a routine morning dog walk when he was attacked.
He and Messervy, then 18, became involved in an argument in which Wilson called out the youth for driving his vehicle at speed through the reserve.
Wilson shut the gates at the entrance and confronted Messervy, who stabbed him about eight times, with four blows to his abdomen.
Messervy’s associate, whose name is suppressed, stole Wilson’s phone following the assault, leaving him unable to call for help.
Wilson’s dog returned home without him, raising the alarm and family members including his partner and son found him soon after at the reserve, hunched over the gate.
He was able to utter the word “ambulance” to his partner.
Messervy denied the charge of murder, maintaining he did not intend to kill Wilson.
At his trial earlier this year lawyer James Rapley KC told the jury that Messervy reacted out of fear after being confronted by an angry man who blocked his exit at the park.
The court also heard Messervy had used methamphetamine that morning.
The jury rejected the defence version of events and found Messervy guilty of murder.
The convicted killer – now 20 – was sentenced by Justice Rachel Dunningham this morning.
Wilson’s partner, sister and daughter were among those who read victim impact statements.
His partner Gaylene Edwards said although two years had passed since the traumatic morning Nigel died, “it feels like yesterday”.
“There was so much blood … I keep thinking this isn’t happening as it seems so unreal,” she recalled.
“Nigel was in the ICU for eight days with numerous operations to try and stop his bleeding as well as removing parts of organs that were dying.
“I remember the first time we were allowed to go in and see him. I found it extremely overwhelming … I could only sit with tears running down my face. He didn’t deserve this.
“On the ninth day, we received the news that we hoped wouldn’t happen, that it had all become too much for Nigel’s body. We went through to him to say goodbyes … I sat with them as the machines were turned off and he passed away.
“I felt numb and hollow as he had so much to live for … It was all too much … I went to bed each night with tears streaming down my face."
Edwards said her life changed forever when Wilson died.
“I take each day as it comes trying to draw all the ounces of strength and courage I can.
“But inside I’m in pieces,” she said.
“He is no longer here to give me a hug and a kiss on the forehead … I’m all alone … My body hurts … life is too hard to keep going … I’m just existing.
“I loved Nigel. What you did – leaving him to die and unable to call for help – was such an evil thing to do to another human being.
Wilson’s daughter Bethany said nothing her father did warranted Messervy’s brutal and violent reaction.
“Who gave you the right to play God?” she asked.
“After you ruthlessly left him for dead, his young puppy managed to find her way home by herself and alert his partner. After searching, she, one of my brothers and his two young children were the ones to find him. No one should have had to experience what they did that morning. No one should ever have exposure to that level of horror – least of all children.
While her father “fought so hard” in hospital, the family “barely slept … barely ate”.
“The injuries that you caused were too severe and in the end, we had to accept the call to end his life support,” his daughter told Messervy.
“Your cruel and unjust actions, not only robbed a man of his life, but you also robbed all our lives of him.
“My father was taken from his partner, his four children, six grandchildren, six surviving siblings, 12 nieces and nephews, his dog, and a large network of friends and people who care about him.
“He was a hard-working man who was looking forward to spending his retirement adventuring, a man who loved the natural and rugged beauty of the land. He was an outdoorsman, hunter camper, fisherman and Jack of all trades, a man who would always speak his mind and stand up for what he believed in. He was also a loyal friend who wouldn’t hesitate to lend a hand or advice to anyone who needed it.”
She spoke of the mental and emotional trauma she and her family had suffered since Wilson died.
“Your actions have caused widespread damage in more ways than you can imagine – we are forever changed,” she said.
“The most traumatic moments I’ve experienced have all been caused by you – walking into dad’s hospital room for the first time and seeing what you had done to him, watching his chest rise and fall for the last time as I stroked his hair.
“Seeing him in his coffin, planning and attending his funeral and seeing his ashes for the first time on my wedding day.
“My father should have been able to walk his only daughter down the aisle. I hate that you scarred a joyous day with heartache.”
She said her unborn child would have been Wilson’s seventh grandchild.
The baby – along with their cousins and any future grandchildren – had been robbed of happy experiences with him.
“I still have trouble comprehending your actions and believing he is really gone,” Wilson’s daughter said.
“We haven’t been able to have closure or even begin to properly heal from this trauma. We know that whatever sentence you receive will never be enough – it can’t bring back Dad or undo what you’ve done.
“But I’d like to hope that you at least regret your callous actions and will make a genuine attempt to restore the life you’ve foolishly messed up for yourself.
“Do better. Be better. For your own sake and for your family.”
Wilson’s son Michael spoke next.
“I was the person who found my father near death on the morning you stabbed him in the back like a coward … you knew what you did,” he said.
“You were gutless enough to stab someone in the back and gutless enough to then run and hide and lie about what you did and drag my family through a murder trial.
“My father was a good man, an honest, hard-working man who knew right from wrong who stood up for people and helped anyone who needed it on the day. You murdered him.
“He was simply telling you to slow down and have consideration for others … he was trying to protect people like him, others who use the park, who walk their dog … He was attacked, he was stabbed and left for dead.”
He said the family were “in a constant state of turmoil and pain” because of Messervy’s actions.
“Imagine the experience of finding your father stabbed and bleeding, never to regain consciousness. To have my children with me who also had to experience their grandfather dying,” he said.
“Nothing can be done to bring him back to us or to ease the pain. I am suffering. Your continual denial and arrogance towards my father and my family is reprehensible.
“You haven’t taken responsibility for what you did. You’ve actively lied and tried to cover your actions.
“Whatever sentence you are given is not enough and won’t bring my father back. On those dark nights when you’re alone with your thoughts – I hope you think about what you did.”
Wilson’s ex-wife and the mother of his children spoke next.
“Nigel did not deserve what you did to him. What you put him through was horrendous and cowardly,” she said.
“I cannot explain to you the full impact your actions have had on us as a family … My hope is that we will all be able to one day come to terms with what you did.”
Wilson’s sister said he was “a good person who loved his family”.
“And he loved his pets. He loved his nine-month-old puppy Jade that he was walking that morning.
“He had already lost another puppy that had been run over by a car. That was why he would have been so concerned about Jade’s safety in a designated dog walking area.”
A friend of Wilson’s told the court he would “miss him dearly”.
“Nigel was a good friend and confidant of mine … We had so many plans and aspirations for our retirement years which never eventuated because of the event that unfolded,” he said.
“Outstanding generosity was commonplace for him … I miss him and his dry sense of humour immensely.”
After considering extensive submissions by the Crown and defence, Justice Dunningham reached her sentencing decision.
“Whatever your intention, the consequence of your actions that morning have been profound,” she told Messervy.
“I’m left in no doubt as to the devastation your actions of that morning have caused.”
The judge acknowledged Messervy had experienced an extremely difficult childhood which continued to impact his adult life. Further details of his background are suppressed.
He was relatively young at the time of the murder, and he was affected by methamphetamine.
Justice Dunningham rejected any suggestion the killer’s meth use and addiction were mitigating factors.
Further, legislation prevented her from taking his voluntary consumption of the drug into account.
But the other factors led to her decision that a life sentence would be “manifestly unjust” for Messervy.
Instead, she jailed him for a finite term of 17-and-a-half years and imposed a minimum non-parole period of seven years.
“Although you were approached by an angry person who had shut the gates, blocking your exit – nothing he did warranted your reaction,” she told Messervy.
“It was you who struck an unarmed man with a knife – and this was a knife you regularly carried and had presented in public on two prior occasions, which increases your culpability.
“I do accept however, that [issues arising from childhood] may have meant you perceived Mr Wilson to be more of a threat than he in fact was.
“But there was no objective evidence to suggest that the threat posed by Mr Wilson was anything more than a verbal dressing down.
Justice Dunningham said there was “very limited evidence of remorse”.
But there was significant potential for rehabilitation for the killer, who had “broken a lengthy methamphetamine addiction” while in custody.
“Furthermore, you’ve actively engaged in courses to gain qualifications. I also have the report from community youth and child services which describes your progress in counseling,” said the judge.
“You’re said to have engaged well in counseling and you present as motivated, reflective and curious.
“While the report I have also notes you can still communicate in an aggressive manner – you are building self-awareness around when this happens and how it is perceived.
“Overall, I’m encouraged by the use you’ve made of your time in custody and I consider you do demonstrate rehabilitative potential.
“So when I look at the totality of circumstances, including your impulsive and unexplained response to the circumstances you found yourself in … your youth, your background … along with your significant potential for rehabilitation and place that against the potential harm of a life sentence – I find that a life sentence would be manifestly unjust in this case."
Justice Dunningham considered a number of similar cases before coming to her decision and said she was “satisfied that the finite sentence” she imposed was “consistent”.
“Furthermore, this sentence allows you the hope of being released as a young man if your rehabilitative potential is realised – but will continue to hold you accountable for a lengthy period of time if it is not."
Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on nzherald.co.nz
Police say they are following lines of inquiry to catch the offender.