Darren Butler, Andrew Russell stand trial over Albion Park crash death of Daniel Merrett

A court has heard a father-of-seven who died in a horrific crash was on the phone with a Triple-0 operator saying he was being chased by two men when he was flung from the vehicle and killed.

A man who died in a tragic collision with a petrol tanker was trying to escape from two men who were chasing after his car for a $2000 debt, a court has heard.

Darren Butler and Andrew Russell faced the first day of trial at Wollongong District Court on Wednesday, charged with manslaughter following the fatal crash at Albion Park Rail in 2019. The pair have pleaded not guilty to the charges.

Daniel Merrett, also known as Daniel Clulow was killed in the early hours of May 18 when the car he was travelling in smashed into the back of a petrol tanker.

The father-of-seven suffered serious head injuries and was killed instantly.

Daniel Clulow, 27, was killed in a high speed at Albion Park Rail on May 18, 2019. Picture: Facebook

Butler and Russell on Wednesday sat silently as Crown prosecutor Glen Porter told the jury the men had met with Mr Merrett at the Metro Service Station at Cringila.

The court was told Mr Merrett had been at a birthday gathering in North Wollongong on May 18 with his sister Kayleen Merrett, Jakaya Clulow and Thomas Johnson before the group went to the service station about 1.50am.

The court heard Mr Thomson had been in a casual relationship with Ms Merrett but she was also in a casual relationship with a man named Jack Hampton, and after Mr Thompson found out he messaged Butler and Russell to “sort him out”.

It was claimed that as they were at the Metro, Butler and Russell, accompanied by Holly Green, left the Cringila Hotel and crossed the road to where the group was filling up their black Ford Territory with petrol, it was claimed.

Mr Porter told the court the group interacted in varying ways for about 20 minutes with Mr Thomson talking to both Butler and Russell for some time.

Darren Butler is on trail for manslaughter. Picture: Facebook

Andrew Russell is accused of being involved in the death of Daniel Merrett.

The pair approached Mr Johnson at the Metro service station asking for a payment of $2000 to “sort out Jack Hampton”, the court heard.

“Where’s our $2000? We want our $2000,” the pair said, according to Mr Porter.

Throughout the time at the service station, the court heard Mr Merrett was told the pair had a gun in their car and told Mr Johnson he “would have to go with them because they want their $2000”.

It is alleged Mr Merrett, Mr Thompson and the two women got back into the car and drove to Mr Merrett’s home in Berkeley but Butler and Russell followed seconds later accompanied by Ms Green in a silver Toyota Corolla.

Mr Porter told the court CCTV footage shows the Ford Territory is constantly being followed by the Corolla, stopping on Northcliffe Dr.

The Crown alleged Butler got out of the car, running to where Mr Johnson was seated in the Ford Territory and tried to open the car, telling him to get out before the group heard “loud bangs”.

Wollongong District Court on Wednesday hear Daniel Merrett was on the phone to a Triple Zero operator when he died. Picture: Facebook

Mr Merrett yelled “they just shot us” as his sister slammed her foot on the accelerator taking off towards the M1 Princes motorway, later telling police her recollection was “sketchy as she was frightened and there was lots of screaming in the car”.

The court heard Jakaya Clulow thought she noticed Russell holding a gun and screamed as the car sped towards the M1.

Mr Porter told the jury Mr Merrett himself called police and spoke to a Triple Zero operator in the lead up to his death, and was on the phone to her when he was killed.

“In the call he describes being chased by someone who has a firearm,” Mr Porter said.

“At the 21 to 22 second mark you hear Mr Merrett say ‘they’re shooting at us now’ and the Crown believes the noise is consistent with a gunshot.”

The court heard Butler and Russell were driving a hire car at the time, witnessing the crash and driving away before disposing of the car in the following days. There was no gunshot residue found in the Corolla.

Defence counsel Winston Terracini QC said his client, Russell, admits to being in the back of the Corolla but is not responsible for what happened.

Mr Terracini claims Mr Johnson has a reputation for “misleading police”, “making this up” and a “record for violence” which means his client is not guilty of the charges.

Daniel Clulow, 27, was flung from the vehicle and died instantly when the car he was in hit a petrol tanker. Picture: Facebook

“There is no evidence from any independent source Mr Russell had a gun of any kind … no gunshot residue in the car and no bullet fragments found anywhere along the route,” he told the jury.

“The reason why there aren’t is because it never happened.”

Mr Terracini told the jury to “be careful” of Mr Johnson as he has certain “feelings” in relation to Russell, which means he is trying to “implicate” his client.

Butler’s lawyer Bernadette O’Reilly told the jury the main issue in the case is whether he was “criminally responsible” for Mr Merrett’s death.

“Did the actions of the truck driver Gary Jones mean he isn’t responsible or the actions of Kaylene Merrett mean he isn’t responsible?” she questioned.

“Or did the actions of Daniel Merrett himself mean he isn’t responsible for his death? This isn’t about gut feeling, it isn’t about intuitions, it’s about evidence.”

The trial continues.