By Anna Sargent of RNZ
Lawyers have made their opening arguments in the trial of a man accused of murdering Nigel Wilson, who was attacked while he was out walking his dog in Christchurch.
Wilson, 62, was found by relatives lying badly injured with multiple stab wounds at Bexley Reserve in November 2022.
He died a week later in hospital.
Bailey Messervy, 20, is charged with his murder and has pleaded not guilty in the High Court at Christchurch.
In the Crown’s opening address, prosecutor Mitchell McClenaghan outlined how Wilson was on a routine morning walk with his dog when he was the victim of a brutal stabbing attack.
“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 14 November 2022. However, that morning Mr Wilson did not return home,” McClenaghan said.
Wilson and Messervy became involved in an argument where 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, and the defendant stabbed the 62-year-old eight times, with four blows to his abdomen.
The Crown said Messervy’s associate stole Wilson’s phone after the assault, leaving him unable to call for help.
Wilson’s dog returned home without him, which raised 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 he was unable to recover due to the extensive blood loss he suffered.
He was taken off life support and died on the afternoon of November 22, 2022.
McClenaghan told the jury the Crown’s position was that Messervy knew that death could result from his attack, making it a “reckless killing”.
“The Crown say here the defendant through the conduct, actions, and number of stabs inflicted with the knife intended to kill Mr Wilson,” he said.
Messervy’s lawyer, James Rapley, KC, told the jury his client accepted it was his fault that Wilson died.
“Bailey Messervy stabbed Mr Wilson and caused his death. His killing was shocking, senseless and should never have happened,” he said.
But Rapley said Messervy, who was 18 at the time of the assault, never intended to kill Wilson.
“In the heat of the moment, it never entered his mind, that if he continued to do what he was doing, there was a real risk Mr Wilson could die as a result. The Crown must prove beyond reasonable doubt otherwise.”
The jury trial before Justice Rachel Dunningham could last up to three weeks.
Armed police stood guard as the patched members were led out in handcuffs.