A love triangle is believed to have sparked a chain of events that led up to Warrawong man Daniel Merrett's death from a car crash in Albion Park Rail two years ago.
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Darren Butler and Andrew Russell are defending manslaughter charges in Wollongong District Court over allegations they were responsible for causing the crash that killed father-of-seven Daniel Merrett on May 18, 2019.
Mr Merrett, also known as Daniel Clulow, died when the black Ford Territory he was a passenger in slammed into a fuel tanker on the Princes Highway, causing him to be ejected from the vehicle and die instantly.
It is alleged Butler was driving and Russell fired a gun when he was a passenger in a silver Toyota Corolla that was chasing the Territory at high speed.
Daniel's sister Kayleen Merrett was driving the Territory at the time of the collision. Mr Merrett, Thomas Johnson and Jakkaya Clulow, who is a cousin of the Merretts, were passengers.
The alleged car chase followed a dispute earlier in the night with Mr Johnson over a debt he owed Butler.
The court heard the Merrett/Clulow family had known Mr Johnson for six years after he and Kayleen had a short relationship.
It is alleged the car chase unfolded after Mr Johnson wanted to "sort out" Ms Merrett's partner Jack Hampton.
Daniel's brother Jordyn Clulow took the stand on Thursday where he alleged Mr Johnson wanted to fight Mr Hampton and offered to pay Butler $10,000 to kill him because he believed Mr Hampton took Kayleen away from him.
On May 17, the siblings and Mr Johnson were at Mr Merrett's mother's house to celebrate his upcoming birthday with drinks from about 6pm.
Mr Clulow gave evidence that Mr Johnson was "keeping to himself" and was texting on his phone.
Mr Clulow said Mr Johnson showed him a message, while laughing, that he sent to Butler which read "Oi Jack Hampton = 10000".
"I cut him off, I said no, I called him a dumb c**t. I said ring my brother-in-law (Jack Hampton) and sort it out like men," Mr Clulow said.
"I think Tom is obsessed with Kayleen," when asked what he thought of the text message.
Mr Clulow went on to say he understood the message meant Mr Johnson wanted to "put out a hit" on Mr Hampton before adding he thought it was a "joke".
Butler's defence lawyer Bernadette O'Reilly questioned why Mr Clulow had only remembered that information on Wednesday resulting in him making a second police statement.
"I was thinking about everything and it popped up in my head," Mr Clulow said.
"You remember that?" Ms O'Reilly asked in reference to the exact wording of the message.
"One hundred per cent," Mr Clulow replied.
Meanwhile, Jack Hampton - who gave evidence he and Kayleen were on a short break in their relationship the week prior to the crash - told the court he had a Facebook message exchange with Mr Johnson on May 17.
Mr Johnson allegedly he threatened to "bash" and "put holes" in him.
"At any time leading up to the death of Daniel Merrett did people come to bash you up," Ms O'Reilly asked.
"No," Mr Hampton replied.
"Did a man named Darren Butler bash you before the death of Daniel Merrett," she asked.
"No," he replied before agreeing he thought Mr Johnson was "big noting" himself.
"Did anyone say he (Thomas Johnson) offered to pay someone $10000 to have you murdered," O'Reilly asked."
"Yeah, after the accident," he said.
The trial continues.
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