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A Dunedin man has pleaded guilty to manslaughter following the death of his partner who fell from a moving trailer earlier this year.
Andrew John Mercer, 32, appeared before Justice Rob Osborne in the Dunedin High Court this morning, where he was formally convicted of manslaughterand refusing to undergo a compulsory impairment test.
Mercer, who has a small tattoo of a crown below his left eye, wore a colourful striped shirt.
His mother was present in the public gallery to support him.
Crown prosecutor Robin Bates read out a summary of facts to the court this morning.
On March 29 this year, Mercer’s partner, Robert Douglas Wilson, suffered serious head injuries and later died in hospital.
Bates told the court that Mercer, who was on a learner’s licence at the time of the incident, had been arguing with Wilson outside a Turnbull St address when the confrontation escalated.
Andrew Mercer, 32, will be sentenced in December. Photo / George Heard
“The defendant got into the vehicle and drove a short distance before reversing back past where the victim was standing,” Bates said.
“The victim walked on to the street and the defendant drove the vehicle in his direction and swerved before he continued up Turnbull St.”
Later that day, Mercer returned to the house, this time towing a trailer loaded with firewood.
“The victim was on the footpath. As the defendant drove off, the victim threw a block of firewood through the driver’s window,” Bates said.
“The victim chased the vehicle while the defendant was stopping and starting. The victim climbed on to the drawbar of the trailer and held on to the cage.”
Mercer drove out of Turnbull St and on to Brockville Rd, with the trailer “swerving and smoking its tyres”.
Wilson remained on the trailer for about 100 metres before jumping off on to the road.
“The defendant only became aware the victim was on the trailer during the course of the driving.
“He stopped the vehicle once he saw the victim had fallen, and members of the public came to assist.”
Wilson was taken to hospital with critical head injuries.
He underwent brain surgery but died on April 15 at 3.28am, having never regained consciousness.
Mercer passed a roadside alcohol breath test but refused a compulsory impairment test after officers observed signs of drug use.
Justice Rob Osborne noted the Crown would offer no evidence on a separate charge of failing to comply with computer search obligations.
A fourth charge of reckless driving causing injury was also dropped.
Mercer will be sentenced in Dunedin on December 5.
The court heard Mercer has suffered severe psychological distress and post-traumatic stress disorder (PTSD) stemming from the incident.
Despite the “likelihood of a sentence of imprisonment being imposed”, Justice Osborne allowed Mercer to remain on bail due to the seriousness of his mental health condition and the ongoing treatment he is receiving.
The court heard Mercer had experienced suicidal ideation, nightmares, persistent anxiety and low mood since the incident, and was undergoing trauma-focused medical care.
Mercer’s defence counsel, Sarah Saunderson-Warner, noted he had been “vulnerable throughout” and had filed a letter from his general practitioner in support.
The Crown did not oppose the bail application.
Ben Tomsett is a multimedia journalist based in Dunedin. He joined the Herald in 2023.
