Lawyers for a group of friends charged in connection with the death of Illawarra father Daniel Merrett in a car crash at Albion Park Rail earlier this year have raised concerns over unserved evidence they say has lead to delays in the court case.
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Defence lawyer Matthew Ward, who represents Darren Butler, one of two people charged with murder over the May 18 incident, told Wollongong Local Court on Wednesday there were at least eight witness statements still outstanding including a crucial report from the crime scene officer.
Mr Ward said his client had been "sitting in custody twiddling his thumbs" for six months waiting for police to hand over all the evidence.
"[There]s been a significant delay," he said.
Butler and co-accused Andrew Russell are facing murder charges amid allegations they were chasing and shooting at a Ford Territory containing Mr Merrett and three others in relation to a dispute with one of the Territory's passengers over a $150 debt.
Police will allege the Territory was travelling at about 160km/h when it slammed into the side of a fuel tanker, throwing Mr Merrett from the vehicle and killing him instantly.
Butler, Russell and their passenger, Holly Green, left the scene and it is alleged Butler and Green fled to Victoria to avoid police arrest.
The trio were apprehended over the next two weeks, along with several women and a man accused of helping Butler avoid police apprehension.
In court on Wednesday, Green's lawyer, Paul Paine, also took issue with the delay.
"It's six months from when she was charged and we have no charge certificate," he said, referring to the formal court document setting out what charges prosecutors will proceed to trial on.
"It's dragging on - I'm getting emails even throughout this week telling me there's more evidence to come.
"From what I'm reading, the case [against Green] isn't getting any stronger."
Similar concerns were voiced by lawyers for at least two other co-accused.
Police prosecutor Sergeant Tanya Pavlin confirmed the brief of evidence against the group consisted of 112 items, more than 100 of which had been served on defence teams.
It is expected the remaining statements will be produced before the next court date.
Magistrate Michael Stoddart lamented the delay but said the volume of material was understandable given the nature of the matter.
He adjourned the case to January 22.
