One of the passengers inside a car that fatally crash into a truck in Albion Park Rail has told a jury he thought "loud bang" he heard was a gunshot during an alleged car chase prior to the collision.
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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 Warrawong father-of-seven Daniel Merrett on May 18, 2019.
It is alleged Butler was driving and Russell fired a gun when he was a passenger in a silver Toyota Corolla that was chasing a Ford Territory at high speed along the Princes Highway after 2am.
Daniel's sister Kayleen Merrett was driving the Territory and Mr Merrett, Thomas Johnson and Jakkaya Clulow, who is a cousin of the Merretts, were passengers.
Defence barristers Bernadette O'Reilly and Winston Terracini SC tried to discredit Mr Johnson's evidence in court and the version of events he gave to police in two statements in May and July 2019 during his cross-examination on Tuesday.
Mr Johnson claimed he heard a "loud bang" that "sounded like a gunshot" but he could not be "100 per cent sure" while Ms Merrett was driving along the Princes Highway towards Albion Park Rail.
"Are you able to say with any degree of certainty that it was a gunshot based on your experience of firearms," Mr Terracini asked.
"Yes," Mr Johnson replied.
"Was it gunshot?" Mr Terracini pressed.
"Sounded like it," Mr Johnson said.
"Could you be wrong?" Mr Terracini asked.
"Slight chance," Mr Johnson responded.
Mr Johnson said he did not see any bullets hit the Territory but saw a "silver thing point out of the window" after saying the first time he heard that Butler or Russell allegedly had a gun was from Mr Merrett at the Cringila service station, where the alleged car chase had begun.
Ms O'Reilly questioned Mr Johnson about the way in which Butler was allegedly driving the silver Corolla.
"The silver car never touched the car (territory) in any way," Ms O'Reilly asked.
"It could have been the loud bang, I don't know," Mr Johnson replied.
"It never rammed it or touched it in any way," she pressed.
"I don't know," he replied.
Johnson went on to claim Butler and Russell jumped out of the car, "tried to ambush us" and tried to "smash window" when Ms Merrett stopped at Mr Merrett's home at Kully Way in Berkeley prior to getting on the highway.
Ms O'Reilly suggested there was "no threat" from either accused, which Mr Johnson denied.
"If I remember correctly, Daniel was on the phone to police, why would I ring police when Daniel was on the phone?" Mr Johnson said.
Ms O'Reilly suggested there was "no threat" from either accused, which Johnson denied.
"If I remember correctly, Daniel was on the phone to police, why would I ring police when Daniel was on the phone?" Mr Johnson said.
He said he tried to contact Butler and Holly Green, who was a passenger inside the silver Corolla, because he was thinking about "other people's safety" not just his own. The trial continues.
Mr Johnson went on to deny the suggestion that parts of his evidence to the jury had been a "fabrication".
The trial continues.
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