11 Dec 2024

Man who murdered 62-year-old dog walker Nigel Wilson avoids life sentence

3:51 pm on 11 December 2024
111224 KAI SCHWOERER 
Bailey Messervy appears for his sentencing at Christchurch High Court. He was found guilty of the murder of Nigel Wilson at Bexley Reserve in November 2022.

Bailey Messervy appears for his sentencing at Christchurch High Court. He was found guilty of the murder of Nigel Wilson at Bexley Reserve in November 2022. Photo: Pool / Kai Schwoerer

The grief-stricken partner of a Christchurch man who was fatally stabbed when walking his dog has recounted to the High Court how she found him bloodied and "dying in front of her" the morning he was attacked.

It came during the first of several heart-wrenching victim impact statements heard from friends and family of Nigel Wilson, as the man's 20-year-old killer was sentenced on Wednesday in the High Court at Christchurch.

Bailey Messervy was jailed for 17 years and six months after being found guilty for the murder of Wilson, 62, who was found badly injured with several stab wounds at Bexley Reserve in eastern Christchurch on 14 November 2022.

The sentence includes a minimum non-parole period of seven years.

Through tears, Gayleen Edwards recounted the horror of finding her partner critically hurt during that "traumatic" morning.

"Finding someone you love holding themselves up on a gate, with so much blood on them, and then trying to walk but stumbling and falling to the ground is indescribable," she said.

"As I rung 111 he was dying in front of me."

Wilson spent more more than week in intensive care undergoing several surgeries before his life support was turned off.

The court heard how a grieving Edwards had also been battling cancer, and how the couple contemplated a move over to the West Coast, despite his concerns over her health.

"I said to my oncologist it may seem strange but I can kind of cope with the cancer, but this has knocked me for six."

Messervy was hunched forward and with his head down as the victim impact statements were read to the court.

Edwards said that Messervy's actions had affected many people "who all 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.

"You've lost your freedom, we are living a life sentence without Nigel."

Victim impact statements were also heard by Wilson's daughter Bethany O'Connor, sister Linda Wilson, son Michael Wilson and good friend Steve Wood and ex-wife Gillian Arbuckle.

The court heard how O'Connor was left without her father during her wedding day.

"Seeing his ashes for the first time on my wedding day, my father should've been able to walk his only daughter down the aisle.

"I hate that you scarred our joyous day with heartache."

She also said how she "hated" the fact she could not tell her father that she was expecting a child.

Following a trial spanning more than a week, jurors rejected the defence case that proposed Messervy did not intend to kill Wilson when he stabbed him.

During the trial, the Crown outlined how Wilson was on a routine morning walk with his dog Jade when he was the victim of the brutal stabbing attack.

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

He then shut the gates at the entrance and confronted Messervy, who stabbed Wilson about 10 times.

Evidence heard suggested Messervy had been under the influence of methamphetamine.

"Nothing he did warranted your violent reaction and he certainly didn't deserve to have his life taken from him," O'Connor said.

"Who gave you the right to play God."

Wilson was one of eight children and his youngest sister explained how they lost their brother Michael at the age of 14 in 1977, at which point she choked up.

"[This is] a bit harder than I thought."

She also paid tribute to the police and government for "cracking down on drugs".

"Bailey for your sake, your family's sake and the rest of society, please turn your life around.

"Because of your actions, I have lost another brother."

A statement from son Michael Wilson was read out by Crown prosecutor Deidre Elsmore, that described how his world had "completely stopped".

"As my father laid bleeding to death, you drove off, disposed of the knife and burned your clothing.

"You knew what you did.

"You are gutless enough to stab someone in the back, and gutless enough to run and hide and lie about what you did and drag my family through a murder trial."

The Sentencing Act - which lays out the penalties for various crimes - says a person found guilty of murder has to be sentenced to life imprisonment, unless it would be deemed "manifestly unjust".

A minimum non-parole of at least 10 years usually applies for life sentences for murder.

Justice Rachel Dunningham on Wednesday said she believed the "impulsive" circumstances of the attack, Messervy's youth, his family background and resulting post-traumatic disorder and his rehabilitative potential meant a life sentence would be manifestly unjust.

Following a trial spanning more than a week, jurors rejected the defence case that proposed Messervy did not intend to kill Wilson when he stabbed him.

Statement from police

Police acknowledged the sentencing of Messervy, in a statement on Wednesday.

Detective Senior Sergeant Damon Wells said Wilson was simply walking his dog and should not have been subjected to the "violent and senseless attack that unfolded".

"Nigel's family have had to endure the stress of a long investigation and having the life of their loved one, and their own lives, laid bare in a court room.

"Today's sentence doesn't alter the grief and the profound loss they have endured, nothing will bring Nigel back, but I hope they can now start to find a way to move forward.

"Police would like to thank our community who played an important role in assisting in our investigation and provided us with information from the very beginning of this case."

Wells said Wilson's family wanted to thank the incredible medical staff, witnesses in the trial, the jury, victim support, the Crown and "so many others that helped in this case".

"The family also wants people to know how loved and generous Nigel was, and how missed he is.

"I would also like to personally acknowledge the work of the investigation team who worked tirelessly to piece together the facts surrounding Nigel's death."