In a horrific turn of events in Christchurch, 19-year-old Mark Nagel was sentenced to two years imprisonment for the manslaughter of Anthony Kelly, a 61-year-old man. The High Court provided Nagel with the option to apply for home detention.
Nagel, who abruptly ended a life with a martial arts-style kick to a stranger’s head, literally celebrated his act of violence. As the man, later identified as Anthony Kelly, lay unconscious on the street, Nagel high-fived one of his friends before making a swift getaway.
In an emotional court appeal lasting the course of a day, the aftermath of Nagel’s fatal kick unfolded in slow, painful detail. Anthony Kelly’s son, just stepping into the prime of his youth, voiced the deep void his father’s untimely death had left. Vital milestones he would never get to share with his father, encounters that would never happen, and the constant love that would forever be denied.
Kelly senior had died on October 18 last year, a day declared as infamous by his bereaved family. A family weighed down by travel expenses to bury him in his motherland, Ireland, and bearing the burden of a family patriarch snatched away by what they described as ‘cowardly actions’.
Powerful victim impact statements were delivered by Kelly’s family and former partner, pointing to the irreplaceable loss caused by Nagel’s reckless and needless violence. The bereaved brother’s glare didn’t waver from Nagel as his statement was read out by the prosecutor.
A third victim impact statement by Kelly’s former partner shared her grief at never having the chance to reconcile with him. “He died thinking I hated him,” she said, her voice choked with emotion, “when in reality, I loved him.”
The incident took place at Christchurch Central Bus Exchange on October 18, 2022. Kelly, having been asked by security to leave the premises around 6:15pm, was falsely accused by Nagel’s group of clicking their photos with his phone. A false allegation which led to a horrifying sequence of events, climaxing with Kelly being kicked in the face by Nagel and succumbing to his injuries ten days later.
The Crown prosecutor subsequently asserted that Nagel must have known serious injury would occur from his martial arts-style kick. He firmly advocated for prison as the very least of deserved outcomes for such a violent act. In an unexpected turn of events, Nagel’s lawyer Trudi Aickin, spoke of a deeply remorseful Nagel desiring a restorative justice meeting with Kelly’s family.
During the final sentencing, Justice Rachel Dunningham reflected on the life of Anthony Kelly, describing him as a man who gave unselfishly to others and led his life with a palpable zest. She conceded that Nagel did have potential but had unfortunately strayed onto the wrong path and characterised his behaviour as far from impromptu with the assault being filmed.
While Dunningham acknowledged Nagel’s youth, plea, and potential for rehabilitation, the fact remained that a life had been mercilessly taken. As she broached the matter of the possibility of home detention for Nagel, Kelly’s son walked out of the court, followed by others. However, she went on to sentence Nagel to two years’ imprisonment and granted him leave to apply for home detention
Following the sentencing, Kelly’s family issued a loving homage, fondly recalling quirks and passions unique to Tony. Fellow members of the Christchurch Irish Society highlighted his enduring love for music and his recent involvement with an anniversary memorial garden. The love he had for his community and the void his absence left was apparent in their heartfelt words.
Even through such a devastating event, hope endures as memories of a charismatic man continue to inspire all who knew him. His stature as a beloved father, brother, and friend remains undiminished, and in the living memorial that Tony shaped with his own hands, his memory is enshrined.
