Jury's out: Darren Butler, Andrew Russell await manslaughter tanker trial verdict

Three weeks of evidence concluded in Wollongong District Court on Friday, more than two years after the high-speed highway crash that claimed the life of Daniel Merrett.

The 27-year-old died after he was ejected from the back seat of a black Ford Territory that struck a petrol tanker in May 2019.

The Territory was allegedly being pursued by a silver Toyota Corolla with Butler at its wheel and Russell in a rear passenger seat. Russell is also accused of firing a gun at the Territory during the alleged chase, which jurors heard was preceded by a dispute over a $2000 debt.

On Monday Judge Andrew Haesler gave final directions before the jury went out for deliberations about 11.15am.

Judge Haesler told jurors the case hinged on the question of whether Butler's manner of driving, and not other factors such as the driving style of the Territory driver - Mr Merrett's sister Kaylene - caused the fatal impact.

"The Crown says when all these events are considered, you'd conclude that the only rational reason for Mr Butler following the car and then chasing the car is that he wanted to intimidate and stalk the occupants," the judge said.

"[The Crown alleges] So far as Mr Russell ... he did things prior to the chase starting ... that meant he had agreed and was party to an agreement with Mr Butler."

The Crown contends Ms Merrett's style of driving was not the result of methylamphetamine later found in her system, but of the pursuit.

"The Crown case is the pursuit, intimidatory driving, the stalking of the motor vehicle caused this collision," Judge Haesler said. "Ms Merrett had to drive like that - meth or not - because of the driving of Mr Butler. Ms Merrett was doing, [the Crown] said, the logical, expected thing - trying to get to the police station as quickly as possible."

But Russell's barrister, Winston Terracini SC, described Crown witnesses as "befuddled" and "damaged", their accounts impaired by drugs and alcohol and - in statements provided in the immediate aftermath - the shock of their own involvement in the crash.

"How, [Mr Terracini] said, could you be sure of anything they told you?" the judge said in his summary.

"How could you be sure of anything said on the triple-0 call, or to police - how could you tell if they were lying or not at any particular point?

"[Mr Terracini] asked, if Ms Merrett had not been affected by methylamphetamine, where were the skid marks? ... Where is the evidence that any brakes were applied at all?"

Mr Terracini also highlighted the absence of any objective evidence - gunshot residue, discarded cartridges, bullet holes - showing a gun had ever been produced.

Butler's barrister, Bernadette O'Riley, also called on jurors to dismiss multiple Crown witnesses as unreliable. Ms Riley cited factors including Mr Merrett's own failure to wear a seatbelt as a cause of death, and said, in blaming others, Ms Merrett had "contaminated" other witnesses who she wanted to support her version of events.

The jury's deliberations continue.

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